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Make sure you get legal advice – don't use a conveyancer for this sort of thing as there are many issues.
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
mthommo82 wrote:I purchased my PPR in 2010 and didnt open up an offset account. I proceeded to pay excess money into the account not knowing there was a difference between redraw and offset. In 2011, I then brought an IP and used money from the redraw facility to pay for the deposit, stamp duty ect. I now read that this redrawing has changed the purpose of the loan. This is a problem for me as it was my intention to move out of the PPR into the IP and claim the interest on the loan as deductions. So my question is can I again change the purpose of the loan by selling 50% of it to my wife? Or can I never move into the IP and just keep it as an investment?Slow down there!
There are a few issues here.
Firstly you could sell your half to your wife – but many complicated and costly issues.
But things might not be that bad.
At the moment you have created a mixed loan – most probably non deductible as it related to the purchase of the house which is owner occupied. This interest may be deductible once you move out and rent it.
The other part was money borrowed for the new IP so this portion should be deductible.
But the problem is you are probably paying PI and it is a mixed loan so that would make it hard to apportion.
I would advise you to immediately convert the loan to IO and maybe even consider splitting into 2 – the redrawn portion used for the investment and the rest. Have the offset account set up on the non deductible portion and problem almost solved.
Then when you move out asses whether you would be better off selling it to your wife.
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, not a good idea. As a business you are entering contracts and there are other potential liabilities so if the company is sued the house is at risk.
Also a company doesn't get the 50% CGT discount either.
Look into trusts.
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
It is, but what was the company formed for?
And why would you want to buy in the 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
I don't understand, so will use an example
$600,000house
$200,000 loan
= $400,000 equity
80% of house value is $480,000. Less $200,000 existing loan = $280,000 useable equity. You could possibly set this up as a LOC.
If you are purchasing a $600,000 commercial property this LOC would be used as the 20 or 30% deposit and then you borrow the rest secured on the new property.
$600,000 x 70% = $420,000
$280,000 from the LOC.
$600k
You will have to factor in costs too.
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
Many issues.
First determine what effect this will have on their pensions.
Then if you were to buy part of the house, what about accessing equity down the track – all owners must go on loans. If it is a rental then no PPOR CGT exemption for you and what was once fully exempt becomes partlially exempt.
Stamp duty on the transfer.
Estate planning issues.
Asset protection issues – if you default parents won't have a place to live maybe.
Perhaps getting them to assist you into a property may be less messy. parental guarantee or even a loan may work out better.
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
yeah, request a copy of the survey report.
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 far as I know there are no land tax exemptions In VIC for land owned by a company – even when the sole shareholders are living in the property.
If the company was acting as trustee then this is different – depending on the trust.
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
Possibly. Depends on the LVR of your home.
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 Richard.
Yes you could have an option to purchase part of a property. There are many ways to structure the option and strike price. could be based on an average of 3 valuations, cPI increases or some round figure. cost to prepare an option agreement would be around $2,000 to $3,000 plus disbursements and GST.
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
Chris-Syd wrote:Can I use Rent from an IP to paydown PPOR Home Loan?Currently have IP Rent coming in. This is going into an IP LOC.
Can I use this instead to paydown my PPOR Loan and let the IP LOC incerease?
Is this allowable with regards to TAX?
Will the interest on the IP LOC be tax deductible even with it increasing?
This is a dangerous set up.
There is nothing wrong with using income to pay down the non deductible loan first. I wouldn't go as far as Richard to say you cannot capitalise interest – this is possible in some circumstances – one of the judgments in Hart says so, specific tax advice is needed.
But, paying rent into a home loan or offset on the homeloan while paying the monthly interest on the IP should not bring up ay problems.
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
Richard – what was the record number of properties securing one loan?
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
It generally couldn't be financed (under housing loan) unless it become a non removalable home. Any wiff of it being able to be removed naturally worries lenders.
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
Vincent8 wrote:Hi all,Many thanks for your helpful replies – I appreciate it. I did double check this with my mortgage broker today and you are all right, he was trying to cross collateralise.
I told him I didn't want this, so he will get back to me with other products where this can be avoided. However, he did advise that I may lose out in some tax benefits and also may end up having to pay mortgage insurance if I do not cross collateralise.
Tom, that is interesting that you think I could avoid mortgage insurance here. When I get the full figures from my broker tomorrow, I'll let you guys know. Will definitely be borrowing IO for the IP.
With thanks.
Sounds like the broker is inexperienced and/or doesn't understand structuring or tax.
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
Vincent8 wrote:Many thanks for your advice, Terry.I will definitely stress to my mortgage broker to avoid cross collateralisation if this is what he had planned. Will also mention the LOC you advise of and see what he has to say.
I realise I sound like a complete amateur when I post this, but I am new to this and my mortgage broker sounds like he is speaking another language.
These were his exact words, if your good self or any other posters who are familiar with this topic can translate for me in laymens' terms:
"How it would work you would keep your property at $200k and continue to pay that P&I and try and pay that down as you are doing, because there are no taxable benefits involved with your principle place of residence.
Then you would borrow the full amount plus stamp and settlement costs as they are tax deductions on your investment property.
If you bought for $300,000 for example you would borrow $315,000ish. The loans would be $200,000 plus $315,000 : Total Approx. $515,000. Values Approx. : $815,000 Loan to value ratio of approximately 63%, so well out of mortgage insurance territory."
Does this sound like he was trying to set up finance so it would cross-collateralise, or perhaps it isn't clear from his wording?
Many thanks
Sounds like a cross collateralising to me.
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 is normal these days. But I don't charge anything at the moment. I have been meaning to implement something to stop the time wasters but haven't got around to it – not that I get many.
You need to look at the foreign investment rules if your Singaporean friend is a non permanent resident. Depends on her/his visa.
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
Beware – sounds like he is going to cross collateralise your properties. THis is dangerous and unnecessary.
Basically there are 2 ways to do this
Values
$500,000 PPOR
$300,000 IP
$800,000
Loans
$200,000 PPOR
$300,000 IP
$500,000
LVR = 500/800 = 62%
The security for the IP will be the IP and also the PPOR = No No
========================
A better way
Loans
$200,000 for the PPOR secured by the PPOR
$200,000 LOC secured by the PPOR. This will be used for the investment
$240,000 loan secured by the IP
The remaining $60,000 and stamp duty etc for the IP will come from the LOC secured on the PPOR. Interest should be deductible if set up correctly and this will allow you to borrow 105% of the investment property value and have all loans stand alone with no cross collateralising of security.
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
Don't put it in the loan as that will create tax problems. Deposit = repayment and withdrawal = new loan, so you could ruin deductibily of the interest once you withdraw the money.
A look at 100% offset accounts would be the way to go
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
Whats a dummy company? A company is a separate legal person so you could rent to a company which you controlled. But what are you trying to achieve here? Income from the work the company performs will be taxed. For the company to claim the interest on any loan used to buy the premises market interest would need to be charged. The rate would be paid by you and taxed in the 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
You can't do it without stamp duty, usually. You enter into a contract to purhcase and then quickly sell the same property. At settlement you organise it to all happen simultatenously. It will be a crowded table with cheques being handed around but at the end of it you should have a cheque left in your hands but no property or loan. However if the end purchaser doesn't settle you are in deep trouble.
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



