Forum Replies Created
I have three loans with Colonial and have not heard of this policy. It may be wish to check with a few different people, as you tend to get different answers each time you talk to someone different.
I am sure you can just fill in a form, release of security, and pay a small fee and they will do a valuation and release it if the values come in ok. Maybe you could tell them you are planning to sell the property.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Some banks will take valuation price for LMI calculation purposes. One of my clients was able to get a 95% loan with no mortgage insurance because the property valued at about 20% more than pp.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I guess the ‘sunset period’ has expired?
Some developers deliberately do up contracts with so that they can do this. I don’t know what you can do about this unfortunate situation.Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There is still plenty of cheap stuff around in Sydney. You can get units in Campbelltown for $150,000.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes you could use the equity in a lease optioned property and the bank will still want to use the property as security. You just have to be careful not to borrow more than the purchasers will end up paying you. or they may be in trouble if you are foreclosen upon.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There’s not much he can do really. If he hasn’t got much of a deposit, then he won’t be able to get a loan. he will need at least 10% (plus costs) for a low doc loan (with a very high rate). I would suggest vendor finance.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I agree, if the finance date has passsed and they haven’t backed out it should be unconditional. Talk to your solicitor first thing.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It should make a difference on deductibility of interest if you go as your broker suggested (If I have read you posts correctly). As Simon said, if you withdraw equity from you IP, you won’t be able to claim this extra interest as it is for domestic purposes.
It may be a good idea to rent for 6 months anyway. Since your from out of town, it would be good to get to know the area.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Originally posted by Julia:JLtara,
Section 104-15(1) of ITAA 1997 states that a CGT event happens when the owner of a property enters into an arrangement with another party to allow them to live in the property and title may transfer at the end of the arrangement.Hello Julia.
Thanks again for an insightful post. Do you think the above could be applied to a lease option arrangement?
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Found it. please have a look at
http://law.ato.gov.au/atolaw/view.htm?locid='CGD/TD51/NAT/ATO‘CGT Determination Number 51
Capital Gains: What factors are taken into account in determining whether or not a dwelling is a taxpayer’s sole or principal residence?1. Whether a dwelling is a taxpayer’s sole or principal residence is an issue which depends on the facts in each case.
2. Some relevant factors may include, but are not limited to:
(i)
the length of time the taxpayer has lived in the dwelling
(ii)
the place of residence of the taxpayer’s family
(iii)
whether the taxpayer has moved his or her personal belongings into the dwelling
(iv)
the address to which the taxpayer has his or her mail delivered
(v)
the taxpayer’s address on the Electoral Roll
(vi)
the connection of services such as telephone, gas and electricity
(vii)
the taxpayer’s intention in occupying the dwelling
The relevance and weight to be given to each of these or other factors will depend upon the circumstances of each particular case.
3. Mere intention to construct a dwelling or to occupy a dwelling as a sole or principal residence, but without actually doing so, is insufficient to obtain the exemption.Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I’ve done something similar and it is a good strategy as it is cheaper to rent than paya mortgage on an equivalent property. Have you considered factoring in the 6 year rule for CGT expemtion? You can rent out your PPOR for up to 6 years without paying CGT when you sell. That means you may be able to keep your existing home and borrow against it, then sell it later on without paying CGT. Or sell your current home, move into a new one short term to establish it as your PPOR, then move out and rent it out – and still claim it as your PPOR..
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Media beat up? There are heaps of shoky brokers out there, so maybe it is not entirely a beat up. But then again, I have never received an overseas trip! We do get pens and wine openers sometimes.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It is just a lease with an option to purchase the property. These can be structured many ways, and it could enable you to control property for a small outlay.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The loan would need to be in the same names as the title. You could both be on the title and just have an agreement to borrow the money for the deposit off you friend, or you could go on the title alone and then have a side agreement with your friend. – But you would be taking all the risk.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There is a specific tax ruling on this topic. I can’t seem to fin the reference at the moment, but you need to prove that you were living there at some stage. eg Electoal roll, electricity statements, mail at that address, etc.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It may be illegal to charge a fee for finding properties in certain states, if you are not a registered RE agent. Just ring the Dept of Fair Trading in your state to find out.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Another Option you may or may not want to consider is selling one or two of your investment properties, and using the money to pay off your home loan. This would kill your non deductible debt (or a lot of it), and you could then reborrow the money for more ivnestments.
BUT, you will have to pay CGT and stamp duty when you buy new property to replace the old. How much would depend on how much you purchased the properties for and your incomes at the time of sale. If you have scaled back work, you may have a low income this year.
This may be worth considering, depending on your situation.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Shirley
I read this too. I don’t know why he would write that-puzzling.
Having a large capital gain in a trust would be the best place to have it. You can still distribute it to yourself if need be, but circumstances change yearly, so it may be best to keep your options open.
I think some financial planners and accountants just frown on mums and dads having trusts.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Its about the only Australian resource available. It is very genral in nature and althou giving you lots of ideas, it doesn’t go in the figures. Its worth getting if you are consdering LOs.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Dave
That may be so, but the wrapee would not necessarily know until too late. If the wrapper has no other assets, then the wrappee could be in trouble financially.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au