Forum Replies Created
Yes, souds reasonable.
Why not offer to ‘rent’ the place prior to settlemennt if the tenants were to move out.
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 have not looking into it much and forgot that stamp duty exemptions for transfers for equal shares to a spouse are only valid on the PPOR.
This is not true for all states. If the property is in VIC you could be in luck.
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
You dont actually ‘use’ equity but borrow money so the rate will depend on the bank and loan product.
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
As a lawyer and a mortgage broker I would say it isn’t true – or there is more to it.
You must have missed my comments about buyers agents above otherwise he wouldn’t be the only person you have heard from.
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 that costs for others won’t be deductible. I haven’t heard anyone suggest changing ownership just so that a trip could possibly be claimed…
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
$485k x 80% = $388k
Less currnet loan of $285k = $103k in potential useable equity, subject to serviceability.
You should set this up as a new loan, preferrablly a LOC or an IO loan where you can redraw.
This can be used for costs, but don’t use this to pay for the interesst on the new investment loan as then you would be borrowinng to pay interest. The ATO may deny the deduction so seek tax advice.
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
That canberra story doesn’t make sense Banks generally do not care who the seller is, it may be the valuer who wanted to know for valuation reasons. The agent would be clearly on the contract of sale and whether a buyers agent was used or not sure be of no concern to a lender.
I have bought about 1o properties through buyers agents with fees of around 10k. It can be worthwhile on several levels – time, negotiating and knowledge. A very small percentage saved with negotiating can pay their fee for example.
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
how embarrassing!
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 guys,
As I understand the tax implications, if I do the work now it would not be considered maintenance and therefore I could not claim it as a tax deduction. A colleague suggested waiting 12 months to do the work and renting it as it is for the time being.
Waiting would not change the items into deductible.
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 are a lot of SMSF strategies available, but little discussion of these anywhere so it would be good to stimulate ideas.
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 great idea
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
When I remember to I tell potential clients that there is a fee of $550 if they don’t go ahead. I get many people who want to talk to me about structuring and sneak in free legal advice, when coming to me as a broker, and then sometimes I never hear from them again.
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
Check out the duties act vic
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
varies from state to state.
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
Thank you for the above,
Just out of my curiosity, currently, I am working in the financial service industry (fund management) and with finance degree. Do you guys think I can get an exemption from doing the certificate or diploma course to get the MFAA or FBAA ?
No. I was in the mortgage broking industry for around 8 years, masters of law, lawyer etc but still have to do a useless cert IV
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
None. Banks want membership of one or the other.
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
BFAs are authorised under the family law act. If properly set up they are binding on both parties, but not properly set up would mean they could be set aside. They could also be invalid for a number of reasons. Costs to set up would be around $2000 to $5k
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 do a binding financial agreement, which is a contract.
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
NCCP
Trusts and companies won’t help borrowing capacity unless, perhaps, you have others that can assist with guarantees. And deriving most of your money from PAYE is not really relevant when considering whether to set up a trust/
Foreign income – are you saying you want to make up an income – this would be fraud, offence of obtaining a financial advantage by deception, up to 5 years imprisonment but you would also need to declare any foreign income and pay tax on it.
Buying and trying to sell before settlement is extremely dangerous and you could lose out badly.
Higher rents will help servicing.
I was thinking that if i can demonstrate to the bank that i can mange the cashflow and debt very well. will they think me as a safe person to do business with ? is this the right way of thinking ?
= No, this would not make much difference as you have to fit their policies.The only way to increase borrowing capacity really is to get more income and/or decrease debt.
But you should consider whether you have really maxed out as each lender has a different policy and works out capacity differently.
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 be joint owners and have a private arrangement about who gets what. But under the family law act the courts can make orders to change legal ownership and to do this they take into account financial and non financial contributions of the parties.
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