All Topics / Legal & Accounting / Add name to Title and change PPOR -> IP Structure

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  • Profile photo of rc388rc388
    Member
    @rc388
    Join Date: 2011
    Post Count: 8

    Hello,
    Im a newbie to the forum and its a great source for ideas and knowledge – keep up the good work!

    I currently mortgage an apartment (PPOR A) which is under my name only and the remaining loan balance has been completely offset. Im meeting with my bank manager later this week and look to use the available equity to act as 20% deposit required for a bigger house (proposed PPOR B)

    As the existing apartment will change over to an Investment, my plan is for my wife to purchase 50% share (market value of apartment) and borrow this amount from the same bank so we can put it in the offset for proposed PPOR B; my wife is working and would be great as a gearing strategy also (we're both on the same tax bracket)

    The question(s) I have is:
    1. As the transfer will take place within NSW, I believe its exempt from S67 Duties Act 1997?  I cant seem to find a definitive answer in the forum but would like to obtain some initial guidance?
    2. To add my wife name to the Title – does the remaining mortgage (PPOR A) need to be split into two as its now deemed she is also a borrower thus bank will charge discharge fees and then re-open two new accounts for 50% each?

    Or is there another alternative where my wife can borrow without having to go through the complexity of adding her name to the Title (hence all the loan admin changes that follows)

    I look to seek legal confirmation when I actually buy the new PPOR but would be great if I can get some initial comments first!

    Many thanks for your advice

    Regards

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    To be exempt from duty the property will have to be used as the main residence at the date of transfer.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of MonicaQMonicaQ
    Participant
    @monicaq
    Join Date: 2011
    Post Count: 1

    Hi All,

    I'm new to this site. Just came across as I was looking/searching for more information.

    Currently, I too have a mortgage PPOR, and thinking of buying a bigger PPOR and making the existing one into IP. This is under 1 name. Is it preferable to have it under  two names for the IP? How does this work on the tax deductible? What other cost will this incur? 

    MonicaQ

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