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Negative Gearing and Name on Loan

Submitted by maxxyb on June 5, 2008 - 11:27am.

Joined: 05/06/2008

Hi

Is it only the person/s who have their names on the property title who can take advantage of negative gearing?

And, does transferring a title from one name to two names, in an investment property, attract stamp duty?



Qlds007's picture

June 7, 2008 - 7:49pm

Joined: 23/08/2003

Yes it would attract both Stamp duty and possibly CGT but in saying this it may still be worth it.

We regularly assist clients in transferring their property into a Trust structure where they have a limited amount of tax deductions and are looking at ways of paying down their non deductible PPOR debt.

Cheers

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Richard Taylor
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Licensed Financial Planner. Ph: 07 3720 1888
www.tayloredfinancialsolutions.com.au
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bardon's picture

June 7, 2008 - 8:09pm

Joined: 07/10/2004

Maxxy, your name doesn't have to be on the title but it does have to be on the loan to get -ve gearing. The title can be held by another entity eg a trust.


July 20, 2008 - 10:36am

Joined: 20/07/2008

If the property is bought through a Hybrid Trust then whoever is issued the Special Income Units is the person that benefits from the negative gearing.  Generally the higher income earner as they get the biggest advantage tax wise.

Regards,

Alysha


Terryw's picture

July 20, 2008 - 9:19pm

Joined: 01/01/2002

bardon wrote:

Maxxy, your name doesn't have to be on the title but it does have to be on the loan to get -ve gearing. The title can be held by another entity eg a trust.

Hi Maxxy

If a trust owns the property, then it is the trust that claims the interest. The only exception is if the trust is a unit trust or a hybrid trust and the unit holder borrows the money to buy the units.

Terryw
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August 2, 2008 - 9:11pm

Joined: 02/08/2008

bardon wrote:

Maxxy, your name doesn't have to be on the title but it does have to be on the loan to get -ve gearing. The title can be held by another entity eg a trust.

Hello
Does that mean a  jointly owned IP with an investment loan in both names could be changed to an investment loan in one name with the negative gearing but maintain the title in both names.

Regards
Peet


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