Forum Replies Created
1. Plan so that you can remain a tax resident – otherwise you could lose this status – seek legal advice on this from your accountant or lawyer.
2. This is a statement not a question! That sounds cheap to me
3. If you are not working it may be hard to demonstrate serviceability.
You have $80k but it would still be a good idea to use none of your own cash to pay for the next one. Could you get hold of the $200k before you buy? This way you could just borrow 80% of the purchase price and put the rest in the offset account. You could then immediately buy another property- instant retirement.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Welman wrote:Thanks, TerryW.Taking further the above examples. In a hybrid Trust scenario where a person borrows money to buy Units in the Trust, and the Trust buys the property, the Trust earns $20,000 a year of rental income with expenses of $5000 and depreciation $10000. Therefore the net income of $5000 is distributed to unit holders/beneficiaries.
My question is that because the depreciation of $10000 is being deducted in the Trust before distribution of net income, am I correct to say that there remains a $10000 of cash in the Trust and that it accumulates year after year? Since this surplus cash cannot be distributed, can this extra cash be use to pay property expenses(rates, insurance, etc) for the next year cycle, and in effect increases the net income of the Trust?
I beleive that money not paid out would be capital of the trust. This could be used to pay trust expenses – Subject to the provisions in the trust deed.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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djjk wrote:Terry thank you so much for your assistance. I do realise that it reads as though my mother is trying to rort the centrelink rules, but we are only trying to make sure we structure our affairs correctly. Would you recommend a property/estate planning lawyer or financial planner? I have zero respect for financial planners but maybe just havent found the right one.I think you need to find a lawyer. A planner may be able to advise on the centrenlink aspects but so can a lawyer – this is law afterall.
And there is nothing wrong with structuring things to maximise social security benefits,
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes, it should be achieveable.
If you are not paying any interest then the cashflow from property 1 would be the rent of the property less about 25% in costs. You don't indicate what this would be but if your loan is $250k then the value may be around $300,000. At 5% yield the rent would be around $25,000 per year. Less 25% for costs = $18750.
That alone is more than enough to live comfortably in SE Asia.
For the next property if you have a large sum in the offset then this should be cashflow positive as well.
To answer your questions:
1. Not dreaming, it could be possible sooner than you expect – within weeks rather than years.
2. $300k upwards
3. Probably could you get a loan.
You need to carefully plan, you would probably want to maintain your tax residence status here. You also want to make sure you qualify for the 6 year rule (s118-145 ITAA97). It might be harder to qualify for a construction loan down the track for 3 units, but you could still qualify with careful planning.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Plummer wrote:Is your mum even going to be entitled to get the government pension?I don't know a huge amount about the criteria but I can only assume that someone with a $500k house/unit mortgage free, $2,000/month passive income for the next 20 years plus $500k in the bank isn't going to be entitled to a whole lot. If the $500k is earning 5% she'd be looking at having a passive income close to $1,000/week.
I think the pension is meant for those that chose not to invest for retirement.
But yeah, as Richard said, best to get some professional advice.
There are 2 main tests for the pension:
1. Assets test
2. Income test.
A single person with a home can have up to $193k in assets other than the home and still get the full pension. They must also earn less than $4056 pa in income to qualify for the full pension.
The $2000 per month may not count as income if it is just repayment of a loan – but the loan amount would be an asset.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
i agree with Richard. You need some good legal advice and possibly financial advice.
Stamp duty on $1.5 mil is a lot of money and there may be ways to keep things as they are and still each get what you want.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
NHG looks like you have 197 posts to me.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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2cmerich wrote:I Have just sold a property in Sydney, and the contracts have just exchanged today. I am anticipating to Settle by Friday next.I have a burning question and that is relating to stamp duty!
I have a double settlement!
My conveyancer is insisting that I need to pay Stamp duty??????
I have read/heard that because I am not having the property transferred to my name but to "MY" purchaser's name (on the Land Title)
I am not required to pay Stamp Duty!
I would like to ask the FORUM this! can someone point me in the direction by way of a link that does state that I am NOT REQUIRED to pay stamp duty because my name does not get transferred to the Land Title
Please Help URGENTLY
Why are you using a conveyancer??? This is complicated and you need legal advice and that is a huge mistake.
Stamp duty will likely be payable. Look up the duties act for the state the property in. An option over property is a 'dutiable' transaction.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
niccy3768 wrote:Hi TerryThanks for your comments. Do you think there is any way this situation is salvageable? I am trying to decide whether to sell/rent property one at the moment. Is it too late to structure things differently? I am not settling on property two until the 1/5 and am at a loss as to how to proceed to my benefit.
Thanks for your time.
Niccy
Totally too late I am afraid. You have repaid a loan so withdrawing money is considered new borrowings and the interest deductibillity will depend on what the funds are used for.
You might want to consider selling and then restructuring. Perhaps even selling to a spouse who would borrow to buy. Just do the sums and see what the costs are and how long to recoup.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
niccy3768 wrote:Hi allThis is my first post, and I need some advice from more experienced people please. I have been living in property one for the last 8 years. I have always paid $200-$300 extra on the mortgage every week. Therefore I accumulated an extra $50 000 in the redraw account. I also received an inheritance and put that $50 000 in the redraw account as well. The balance of the loan was down to about $4000. My intention was to buy another apartment, and I was simply using the redraw account as a savings account with this in mind. This seemed to be the best way to go, as the rate in a savings account was a couple of percentage points lower than the rate I effectively received in the redraw account.
I have now purchased property two. I have used the $100 000 accumulated in property one's redraw account as my deposit on property two. I now wish to turn property one into an investment property ( $400 000 property with a mortgage of $104 000) and move in to property two.
Am I able to claim the interest payments on the mortgage of $104 000 on property one, or will the tax department see that as fraudulent? I was merely using my redraw as a savings account, but will they view it as – nearly had the mortgage paid off and then suddenly back up again to $104 000? If this is the case I think they will only let me claim the interest on the $4000 that was the balance before I emptied the redraw account.
Is anyone able to advise me either way. I am cutting it quite fine financially, am may have to sell propety one if I can claim the interest rates on the entire mortgage balance.
Cheers and look forward to hearing from any experienced investors or accountants out there.
You will only be able to claimi interest on the $4000 loan as the rest of the $100,000 was borrowed to purchase a property to live in.
This means you could only claim about $200 per year in interest and is a costly mistake.
If you had sought tax advice you could have structured things differently and been able to claim an extra $5000 or more per annum.
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
Welman wrote:Thanks, crj.crj wrote:If your trust is a unit trust and you have borrowed money to buy the units even if that borrowing is secured by property owned by the trust …then you might be able to claim the losses eg borrow $400,000 to buy units in trust, trust buys property for $400,000.
It is interesting to know this scenario is possible. Only that using unit Trust could mean less distribution flexibility and lesser asset protection (individual own the units).
It would be interesting to know how the Chan & Naylor PIT Trust (afaik it's a hybrid trust) would handle distribution of loss and depreciations. Anyone has experience on this? I imagine the setup cost would be expensive, but I would like to know if it is worth it.
Definitely not. Even a so called PIT trust cannot distribute losses. It allows 'negative gearing' because it is possible for a person to borrow to buy income producing units and thereby claim the interest. This would result in the trust making a profit which would be distbuted to the unit holder. So in effect the depreciation is claimed by the trust and this results in less income going to the individual. In a round about way the depreciation is claimed by the individual, but it is not distributed.
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
Good work Jessica. You have basically doubled your money within a year and a 13% yield.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
wealthyjvd wrote:Thanks for the contact Terry, however all my tax returns are completed, are you saying he will charge $275 to tell we whether or not something is a deduction or not?Yes.
It is not like asking can I deduct socks. It is a complex situation where you will have to describe your circumstances and the development project.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
wealthyjvd wrote:Excuse my ignorance I have very little knowledge of taxation, so any help would be much appreciated.He did mention that the intention was to add value to the property or something along these lines, and because I made a loss and I'm not continuing with the project, these can be deductible..?
Perhaps not deductible.
But you should seek advice because it could be. You could have a consult with Michael of House of wealth and he would tell you – think he would charge you about $275 for it.
I should add that I am involved with House of Wealth..
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Purchase costs such as these are generally not deductible, but if you are conducting a business then maybe.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
johnnyhill wrote:Terryw – No I don't use the LOC for personal expenses…. Strictly for IP related expenses, council rates, etc.In that case it is possible that all the interest on the LOC would be deductible – depending on a few things so check with your accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
johnnyhill wrote:Thank you to everyone for your responses.TerryW – I'm not quite sure how you came to the conclusion that little or none of the interest on a LOC linked to an 2 IPs would not be tax deductible. The LOC is in no way linked to my PPOR loan. Maybe I have incorrectly explained my situation and it has been misunderstood.


Sorry JH, I may be wrong but I assumed you were using the LOC for transactions – money in and out.
How have ever taken money out of the LOC and used it for personal expenses?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
johnnyhill wrote:Hi All,Newbie here so be gentle… I'm looking for advice of my current situation and happy to take on professional advice to realise any long term benefits.
Here is my situation. Many years ago my wife and I bought our first IP, we bought it while in our early 20's whilst still living with family. Standard loan which we paid principal and interest. After a year we converted the loan to a LOC. A couple of years later whilst living in company supplied accommodation (we moved around a lot, project to project) we bought another IP and financed it by increasing the LOC. We have the rent going into the LOC and pay all related costs from the LOC. Very simple to manage and its positively geared. Current LVR is approx 45%.
A couple of years ago we finally settled and bought our first PPOR. We had cash for all costs (stamp duty etc) and 10% of principal. Obviously it would have been preferable to get access to the cash in the IP but not the case. We have been hitting the loan on the PPOR pretty hard and allowed the LOC to now max out.
I'm now getting itchy to buy another IP as we have an LVR in our PPOR of 50% and 45% in the LOC. The the question is do I increase the LOC or do things another way. We'll probably find our selves upgrading the PPOR within 5 years and the ultimate goal is to have a reasonable second income from IPs whilst having the PPOR paid off. (Although I have no need to sell the IP's I'm struggling to comprehend the ramifications of CGT whilst they are linked to one loan (LOC). Makes things messy).
Is there any specific advise people have to not be trapped in an unwanted scenario? at the moment its frustrating paying interest in the PPOR knowing its non tax deductible. But of course we're all the wiser in hind sight.
Thanks in advance.
From what you have described probably little to none of the interest on the LOC will be deductible. You would have had money going in and out all over the place. It would be very messy to work out the deductible portion.
Whatever you do I would set up a completely new loan for the deposits – a LOC. But only ever pay the interest on this LOC.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
jate wrote:Terryw wrote:Why are you paying interest with the LOC?What I meant is that my LOC account, which is used 100% for Investment purposes only. Such as deposits for IP#2 and IP#3.
I am planning on tax-deducting the debit interest incurred on this account.
Currently CBA has it setup with the debit interest for this LOC account is being capitalised.
Is there any problems with this setup from a tax-deduction perspective?
Possibly.
If you are capitalising the interest the ATO may deny the deduction on the capitalised portion, but this will depend on the circumstances. This would probably only be a minor amount though.
Run it by your accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Cherry wrote:Hi all,Hope somebody can help with this query.
We have an flat in London, with a large amount of equity. At the moment it is on a Capital repayment mortgage and we have to pay tax on the income we earn from it. I was thinking a better option would be to re-mortgage it on an interest only loan and invest the money in a property here in Australia. We would have approx 520 AUD cash to spend on an IP. If I put most of this money in an offset account against an interest only mortgage then the repayments should be very low and I can claim the tax back on the interest on the mortgage, is this correct?
Also is it possible to put the rent from the property to pay my home loan, without any tax implications? The property in London would be a tax loss and we would have to make up some of the repayments.
any advice is greatly appreciated!
Basically no that is not correct.
A mortgage is a form of security so you wouldn't remortgage it but increase the loan. Borrowing money may be deductible depending on what the money is used for. Parking it in an offset can destroy deductibility. Ideally set up some sort of LOC.
But then you have to consider the international tax aspects and the exchange rate aspects as well as the general legal advice. Increasing the loan would not increase the deductions you could claim on that property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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