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You will have to pay LMI if you borrow oer 80%, however there are some lender which waive LMI for certain professions at loans up to 90%, including refinancing.
These professions include:
Medical doctors
Pharmacists
Dentists
Vets
Accountants -CA or CPA qualified
Lawyers
Engineers
Quantity surveyorsTerryw | 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
Land tax will depend on where the properties are located, how long the lease is and your situation.
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
Seems straight forward to me.
What is it you are asking?
Property A could be exempt uder s118-145.
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 don’t think any insurance covers this sort of thing, but I could be wrong.
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 should do 2 things:
1) pay at the end,
2) get a personal guarantee from the architect.If the architect company does down you will be an unsecured creditor. Same if the architect is an indvidual. No use in engaging a debt collector generally. If you received money back it would be a preference payment and subject to clawback by the liquidator or trustee in bankruptcy.
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
Excel
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 am a finance broker so I can look at their policies!
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
Will the interest tax deductible on the full loan amount or should I offset my loan by 70K that was paid off in previous loan before calculating interest for tax deduction.
You would have created a mess if you have ever redrawn from the loan. If you have never made a withdrawal then the lowest balance would be the deductible portion of the loan.
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
Depends on the bank and the LVR, location of property and owner etc.
Some banks Yes. I’ve just done one with ANZ.
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 just told one member of this forum that i have to charge him $500 to discuss anything further. Going back through my emails I see the first time he contacted me was in 2007. I recalled various long phone calls numerous hours explaining loan structures, deductibility of interest etc. He would go away and the resurface approximately every 12 months. About last year he rang me for another 1 hour conversation and then he sends me a loan structure email on the letterhead of another broker, meaning he had been shopping around. He contacted me again and I said I have to charge you $500. He asked me if I was serious! Then he went away, recently coming back again last week saying XX (a broker) was in Europe and he needed a question answered urgently – by this time he had changed banks. This time I politely told him to not contact me again. He still doesn’t understand that I made absolutely no money from him and wasted hours and hours of time talking and emailing him.
And the thing is it seems he still doesn’t understand how to structure a loan and has set things up badly.
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 should probably charge roughly 50%, some work it out on floor area, but 2 bedrooms out of 4 works out around 50%.
If you are charging market rent you could claim this x% of expenses, but if you are charging 80% of market rent it would be more like 80% x 50% of expenses.
Keep in mind you will lose the full CGT exemption if income earning.
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
Get some tax advice as this is confusing.
You will need to draw a time line and consider the overlappinng ownership periods.
You should also look at the legislation:
s118-145 the absence from main residence rule
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.htmls118-150 = 4 year rule on construction
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.150.htmlLook at the wording of ss3
(3) You can make the choice only if:(a) a * dwelling on the land that you construct, repair or renovate becomes your main residence (except because of section 118-147) as soon as practicable after the work is finished; and
(b) it continues to be your main residence for at least 3 months.
and ss (5)
(5) If there was already a * dwelling on the land when you * acquired your * ownership interest and you or someone else occupied it after that time, the period in subsection (2) and paragraph (4)(b) starts when the dwelling ceased to be occupied.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
Cheers, Andrew. so you don’t have to write your offer on the contract of sale?
Also if there was a scenario where i wanted a 12 month delayed settlement but there are tenants living in the property and i wanted to be able to have the rent paid to me instead of the home owner for the 12 months. how would i go about wording that?
would that just be me having equitable title on the property and the owner still having legal title?
Once exchanged you would have an equitable interest in the property.
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 can rent a PPOR out for up to 6 years before it is considered a IP?
and i’m pretty sure you don’t have to live in it when you first buy it to be a PPOR. as in it can be rented out at the start.
thoughts terry?
It can’t be a main residence until after you have lived in it. So it you don’t live in it first it will always be subject to CGT on a proportionate basis. If you later move in and establish it as the main residence and then move out it could be still classsed as the main residence (provided the other requirements met) from that point on for up to 6 years.
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
if you friend is getting the loan and is on the title of the property and the first 12 month he is renting it out to you to maximise the negative gearing strategy. i would have thought that at some point he would actually need to live their 6-12 months to legally prove that it is a PPOR and not a IP for capital gains exemption.
It can’t be a main residence without actually living there as the main residence..
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
Thanks Terry, insurance as in landlord insurance?
All insurances.
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
Company title is not difficult to finance, most banks offer 80% LVR with St George going to 85%.
With that sort of equity and income you shouldnt have a problem.
But what you think is undermarket value is probably not because company title is generally worth less that strata as it is harder to finance and therefore harder to sell
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 selling any expense you have not otherwise claimed could be used to reduce the cost base for cGT purposes.
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
One reason a company is considered is beccause of land tax in NSW. A company will get a new threshold. A developer may not get the 50% CGT discount so this may not be an issue for some people. I would generally not recommend a company but I have a few clients who already own property in a company.
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 Anthony K.
I don’t think I suggested a SMSF can have just 1 person as trustee, but to clarify definitely a SMSF cannot have a single person as trustee. This is because of trust law, a person cannot hold property on trust for themselves it is also written in the SIS Act
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