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Thats a tough question. I guess you will have the same problem no matter what sort of trust you form. Having a company as trustee may be a way around it. But there are probably rules regarding this as well.
You would probably need to speak to a good accountant. I can recomend one who can probably help in this area if you need it.
Terryw
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Originally posted by redwing:BonDage Master
The middle letter would be for “Discipline”
Terryw
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A colleague had a client who purchased a unit for $380,000. he knew it was worth $450,000 so he just changed the price on the contract himself before submitting to the lender. The valuation came in at $450,000 and the lender wsa going to lender 80% of this amount. Of course at settlement, they found out and refused to settle, insisting on a revaluation – which came in at $380,000 (from the same valuer).
He then went to another lender, had a rebate clause inserted in the contract, the rebate was disclosed and he was able to get 80% of $450,000.
Everyone lived happily ever after.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It will be vary costly and messy for her to sell. A 106% loan may be an idea if you qualify. Hopefully you can add value quickly and also get some natural capital growth, allowing you to refinance within a short time at a cheaper rate.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The main thing is someone who responds -whether to emails or returns calls. When they don’t we tend to go elsewhere.
It is also good when they can drop around and see brokers every few months.
Terryw
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Yes you can give the vendor the offer directly. Just bypass the agent.
Terryw
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Yes numbers look good, Darwin should also have good long term CG prospects.
What about the size of the unit. I wouldn’t get anything under 40sq m, 50+ would be preferable.
Terryw
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Let me get my head around this.
1) Mother in law sell you her house for less than market value.
2) You let her live in it, cheap rent? free rent?
3) If you sell in 10 years, you pay out the loan and give her the proceeds?Is that what you meant?
My response:
1) that’s ok, but this may effect her pension, if she has one. And will involve payment legal costs, and stamp duty by you.
2) you may be required to pay tax on the market rent. But this shouldn’t matter too much if you have a mortgage to offset it.
3) You will have to pay CGT (if not your residence). Gifting money to her should have no tax consequence, but would effect any pensions.Sounds like a costly exercise. What about if she just loaned you the money initially, or let you use her property as security.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
First you need to get a court order. Once you have that you can send in the sherrifs, but firstly you need to find out where they are living. That is the hard part and it can cost money to try to find someone.
The good news is once you have the court order, you can have up to 7 years to chase them.
Terryw
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Rob,
Did you see the ad in SMH on Sat for a BDM position (sounds almost sexual!) with Bank West?
Terryw
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Branie
Sounds like it could be.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Rob was posting while I was typing (yes it took me 20 min to finish). But I would like to add, if an offset is used, for the purposes of calculating trailing commission, most lenders calculate the trailer based on loan amount less what is in the offset account.
So brokers recomending this strategy are not doing it just to increase commissions.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Brokers do receive a trailing commisison based on loan balance, so a higher balance would mean a higher comm. But this would only be small amounts and probably would not influence anyone.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Clients will also have to pay LMI. I guess you can’t have every thing.
Terryw
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
my bloody printer isn’t working!
Terryw
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Off the top of my head, Bankwest Lite (low doc) does not have exit fees.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Thank you Jay
And here is the tax ruling:
TR 2000/17 “Income tax: deductions for interest following the Steele and Brown decisions”http://law.ato.gov.au/pdf/tr00-017.pdf
Terryw
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Markus
I have heard an accountant suggest a new structure for short term project like renos. This is because the ATO could class you as a ‘trader’ ad the properties as trading stock. If this happened you could lose access to the 50% CGT discount. You would not want to lose the discount on the buy and holds, so a separate structure would help ensure that doesn’t happen.
Terryw
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The.J
One question though. How did the bank make the mistake? Surely you must have put your wife’s name on the application form or they would not have know her details??
Terryw
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Possibly nothing! if you move out of your main residence, for up to 6 years, then you can still treat it as your main residence, even if rented. If you sell wihtin 6 years of moving out, then you can pay no tax.
If you are claiming Brisbane as your main residence, then you have to chose which one you want as your main residence during the cross over perio. You can only have one main residence, except for a 6 month period when you can overlap.
If the above doens’t apply then:
(Value at date you moved out) – (Sale price) = profit.From this profit you can deduct costs such as stamp duty, agents fees etc. And you must add back any depreciation claimed. = Net profit.
If you have held it more than 12 months, then this net profit is divided into 2 (ie 50% discount).
This is the taxable capital gain.
This taxable gain is then divided into portions as per ownership. Usually 50/50.
So 50% of the CG goes into the husband’s salary and 50% onto the wife salary.
You then pay income tax on your new yearly salary.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au