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  • Profile photo of TerrywTerryw
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    Little Bee

    Check with your accountant (I am not one), but there is a provision in the Income Tax Assesment Act that allows you to live away from your PPOR for a period of 6 years and to still claim it as your PPOR and claim a full CGT exemption.

    I don’t have the section of the act handy, but can dig it up for you.

    And you can move back in for a short period and hte 6 years starts again.

    Terryw
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    Profile photo of TerrywTerryw
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    I beleive the ATO determines a purchase to occur on the exchange of contracts. Not sure about the Office of State Revenue (or whatever it is called). So this would probably be deemed a purchase and you would not be entitled to the FHOG (unless you will live in this one?).

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Fullout

    You do have some equity. You could go to 95% of the value of both properties if your serviceability would allow it, and you are willing to pay LMI.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Boothy

    You can’t increase your loan and claim the interest. But you could sell the home. So why not sell it to yourself – or an entity contrlled by yourself. And then the money you get from the sale is the proceeds of the sale of your PPOR and you can do what ever you want with it-put it into your new home etc. No capital gains tax as your PPOR is exempt. But you will be up for stamp duty About $11,600 in NSW on a $360,000 property.

    If you just rented your house out as is, you would be paying lots of tax on the rent as you wouldn’t have any interest to deduct. In addition if you purchased a new PPOR then you would have a loan and would be paying interest with after tax dollars. You just have to weigh up the pros and cons.

    Another option is for you to buy your spouses share of the property.

    Better check with your accountant.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Excellent idea.

    If you ever sell your new PPOR CGT will only apply for the period it was rented out.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Boothy

    Since your current home is paid off, any finance you get on this property won’t be tax deductible. It is just like inceasing your loan balance. It depends on what the funds are used for. If you get a loan on your ex PPOR and use that to buy a new PPOR, then the interest won’t be claimable. But if it is used for deposits on investment property, then it would be claimable against that property.

    One possible solution is to sell you PPOR to your trust. You will be up for stamp duty, but thinking long term you will be able to save a fortune. Do some calculations.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    The trouble is, banks do not like you onselling something htey have a mortgage over via an installment contract.

    Also banks will generally only go on what they consider market rent. This is generally calculated about 5% of the purchase price per year. You can argue that you will be getting more, but have to have some good reasons.

    However, for future borrowings, once you settle on the property they will assess it at whatever rent you are actually getting.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Can you get out of the contract?

    I had a unit off the plan in Melbourne, prices hadn’t gone up like i expected and i probably paid too much for it in the first place. The construction had gone over the sunset clause, so I just cancelled the contract. I was just up for the price of the deposit bond, and some conveyancing costs.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Another potential problem is that someone will no doubt want to pull out at some stage. people’s circumstances change. Not such a big problem, other can buy them out. You just have to plan up front, need to work out a way to determine the price the remianing people will pay. It could be done on a market valuation, or the average of 3 valuations etc.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Boothy

    Are you planning, or is there any chance you will come back to live in your house in Sydney?

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sounds good, but may eat into your serviceability. If there are more than one person ont title each may be deemed to be responsible for the whole repayments for this loan when applying for future loans.

    Does that make sense?
    eg if 5 people on title and loan, with min repayments $1000/month. Each person’s share is only $200, but if they others don’t pay you will have to, so banks will deem you to be responsible for the whole $1000.

    Terryw
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    Profile photo of TerrywTerryw
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    Try Wide Bay Capricorn. When do you have to settle?

    Terryw
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    Profile photo of TerrywTerryw
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    Mate you are keen. It may be a bit too soon. Do you think the property is worth much more now?

    You could do it by going for high lvrs and paying mortgage insurance. It would also depend on your income etc.

    Terryw
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    Profile photo of TerrywTerryw
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    Fixed rates have dropped (probably) since you took out the loans. Therefore will have probably have to pay the bank a large penalty for getting out. May not be worth it. (I recently paid more than $3000 exit fee on one of my 5 year fixed loans).

    It would hurt to ask your lender, if you could keep the loan in place and just change it to IO. they may do it with no change. Or you may even end up saving if you break the loan and then go for a lower rate.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Agent

    I am surprised too. I don’t think that will be the case for the average investor!

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    John

    You could get a pre-approval, but these only last a short time. usually max 3 months, and then they will want updated details such as payslips etc.

    If you get a LOC, you could use that to live on, and for deposits. You could possibly use low doc loans, but some lenders require you to be self employed for a min 2 years. There are some that don’t, but rates are a bit higher – around 6.95%. Get an ABN now!

    I know the feeling, you are sort of stuck aren’t you. Don’t ahve time to make money! What I did was to get as many wraps as I could which gave me income to live on when I quit work to set up as a broker.

    G-man007
    Sounds good in theory, but if they are your businesses or companies or trusts, banks will probably just deem you to be self employed. It may work, I’ll have to think about this one.

    Terryw
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    Profile photo of TerrywTerryw
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    I agree. Definetly go IO on any future IP. And I would change teh existing ones to IO as well – as long as the fees in doing so are too much. And I hope your mortgage offset account is set up against the PPOR loan.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Kirby

    You can look up the title of the house to find the owners. It can be done on the web and should cost less than $10. Look for the Land Titles Office in your state.

    You could just pay them the deposit, but You should probably have your deposit held in their solicitors trust account, just incase things go wrong.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Suart

    Good to see what you look like. :-)

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Wild nothing

    I have found that many people actually buy property and then get the finance.

    If you send me all of your figures (all income, debt, credit cards etc), I can give you a rough idea of what you can borrow.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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