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Depends on the state it seems. From what I hear, WA are very strict. I have done it in Vic with no problems, but there is a requirement to have a written agreement with your nominee before you sign the contract – or there used to be.
Terryw
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Establishing a trust can cost as little as $137.
Getting finance is no harder or different to getting a loan your self.
Personal deductions can be obtained by using a hybrid trust
Asset protection is very good with a trust.
CGT implications – with trusts the income retains its character as it flows thru the trust, so if the beneficiary is an individual they will get the discount. Am you can chose the individual to distribute the money to, potentially saving you thousands of $$$$$$
Terryw
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Don’t think Steve’s product has anything on Hybrid trusts in it.
For more info on hybrids go to http://www.lawcentral.com.au and go through the process of making a deed, and read all the tips available – all for free.
Also look at http://www.chrisbatten.com.au
Terryw
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I was going to purchase some land off the plan a few years ago and the solicitor picked up a few problems and I quickly pulled the plug on that investment. If I had used a conveyancer, they may not have picked it up.
However, conveyancers generally spend all day doing property transactions, so they tend to be good at this. Solicitors are often doing other things and many are unsure of the conveyancing proceedures. Solicitors also often just hand the matter to the non lawyer conveyancer in the office anyway.
I suppose it comes down to the person doing the job.
Terryw
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NEVER beleive an agent!
Terryw
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just read the forum.
Terryw
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Hi
Have a look at this from the ATO site. it is in relation to shares, but the general principles would probably apply to property:
Holding shares or actively trading: what’s the difference?
http://ato.gov.au/distributor.asp?doc=/content/76071.htmIf you could be classed as a trader, you could probably claim stamp duty as an income expense in the year it is incurred.
Terryw
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Hi
You do not need a company to act as trustee, but having one would add protection.
Usually the directors of the trustee or the trustees themselves have to guarrantee loans of the trust. So having two directors/trustees will only create more risk by having 2 guarrantees.
Also beware of specificially naming beneficiaries on the deed. Some lenders insist on obtaining guarrantees from ALL named adult beneficiaries!
If you are going to set up multiple entities, maybe consider having control with one of you, and then set up the next one with the other person etc. This would depend on incomes and serviceabilities etc.
Not sure about the transfering of the units without stamp duty. I have had conflicting advice on this. Basically if you transfer the unit, no body is going to know as it is not public information, and only recorded by a minuite.
But the loan will be in the trustee’s name, and if you go and transfer the title at the land title office they will probably hit you up as they will see a change in ownership.
Terryw
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Companies are generally not recomended for ownership of appreciating assets. This is mainly due tothe fact they do not receive the 50% CGT deduction for assets held more than 12months.
Being non residents, there maybe many issues with controlling trusts and companies and taxation of these, so you would need to seek good advice.
Terryw
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He may be able to negotiate the terms to include them not listing this on his CRAA.
Terryw
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Cash bonds are annuities. Steve Navra used to promote them a lot as a way of increasing servicablity.
basically works like this:
You buy a $100,000 annuity, payments over 5 years. each year you would get back around $20,000 plus interest, maybe $24,000pa.With some lenders you could have used this $24,000 as income even though really only $4000 is income and the other $20,000 is your principle coming back. The increased ‘income’ thus increased serviceability.
The trouble with this is the banks were only giving about 5% on the annuity, but you were being charged 7% to take the money from a LOC, so there was a shortfall.
There were also expensive fees to set it up.
These days there are many Low Doc and No Doc products out there, and these have decreased teh popularity of the cashbond method.
Terryw
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I beleive option fees are taxed as capital gains in the year of receipt.
Terryw
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Ok, you should probably get the valuation done on your property first, otherwise, you may come in short of funds if your valuation comes in lower.
I spoke to a loan assessor today at a major bank, and he said 80% of valuations for loan increases and refinances were coming in lower than expected.
Terryw
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There is no register for property. You need to determine which name to put the property in. ie your own, you and spouse, a trust, or combination.
When considering things, take a long term approach. Putting a property in the name of the highest income earner may give you more tax deductions now, but long term what will happen if your rent goes up, and you sell for a large gain. Look at setting up a trust of somesort if you are planning to own a few more.
Terryw
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You generally cannot borrow more than the house is worth. If you have the money for 20% now, why not borrow 95% and keep some money for renovations?
If you buy at auction, then the price you pay will be market price! It may be hard for you to get a valuer to value it more in the short term. If they do, banks will generally want you to wait 3-6 months before they will increase you loan. BUt you could always refinance with another bank and do it that way.
Terryw
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Originally posted by Cata:. The down side is that you don’t get to accumulate any CG loses either which is more my track record with shares. [blush2]I was going to say something similar. If you are overseas working, you could be classed as a non resident. If you make money here while classed as a non resident, you could be charged even more tax than normal. I think there is no $6000 tax free threshold and there is a rate of around 30% payable.
But, I am not an expert in this area, and this situation has never happened to me. Pity Coasty Mike is no longer here
I am not an expert in this area, but I know some who are that would disagree with you Elka. I think it depends if you are leaving for good or not, and where you are going.CATA
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Be very careful with written offers, if it is accepted, you could have a binding contract – which you may not be able to exit.
Terryw
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bantacs.com.au
Terryw
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There are two main LMI companies, maybe your current lender is only using one of these? Which lender are you using?
Terryw
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You can always withdraw your offer before it is accepted and submit a new one.
Terryw
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