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

    Aosv,

    I have no idea if you have an existing family trust. But if you do you should not use it to buy property especially if it is conducting a business.

    Your investigations have lead you down the garden path, becase as a mortgage broker I can assure you that banks do look favourably to lending to trusts and companies as trustees of trusts – I just got a loan approval on 4.30pm on Friday for a cllient who is a company as trustee of a trust.

    As a lawyer I can also assure you that the title office do register transfers for properties which are held in trust. Even in Victoria. My trusts have done this dozens of times. A trust is not a legal entity so is not recorded on title, but the trustee's name is.

    $3000 is a lot of money for financial advice – what you really need is legal advice if you are investigating structure. I charge $500 for a consultation on structures and make recommendations.

    It is impossible to advise based on the limited information supplied above.

    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 TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi.

    Yes, I am not yet licenced to give financial advice yet (planning to be eventually), but can give legal and credit advice. Richard, I am looking at PIS who you recommended way back for my AFSL.

    For Aosv, you should really look at possibly getting your spouse restructured for business into a trust structure of some sort. Another trust can then be set up for the purchase of property and it there is a loss then the business trust could distribute to the property trust to offset the loss and overall to save tax. Negative gearing in a trust.

    Watch out for land tax issues.

    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 TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Depends on a few things – their PPOR or investment Pre/Post CGT etc

    You will generally inherit the cost base as of the date of their death.

    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 TerrywTerryw
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    @terryw
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    Its not wrong to pay down loans – it is good, but it could be more effective if you don't and restructure things slightly. If done properly it shouldn't cost any more in interest but can result in more tax savings.This

    week I met a client and within 5 mins I had saved him about $5000 pa in tax by rejigging things with potentially much more savings down the track.

    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 TerrywTerryw
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    @terryw
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    You would be a non resident for tax puposes. But you could still invest here – assuming you are a citizen, there would be no restrictions.

    There are some CGT issues and any loss would be carried forward until the rents increase or your return.

    You would have to check the situation in UK as this may affect your tax there.

    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 TerrywTerryw
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    @terryw
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    Claire, both you are your partner can only claim one CGT exemption between you (if you mean spouses, defacto included).

    If as above then probably best to just keep IO with all cash going into 1 offset account. Take the cash with you when changing residences – make a new offset on the one you are living in.

    You may also want to consider your different taxable incomes. Maybe better to keep the cash in the offset account on the house which is owned by the lowest income earner.

    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 TerrywTerryw
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    @terryw
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    Jason QLD wrote:
    Hi Terry,

    The $25k will be from cumulated income over each 6months period. The main intent being, placing the income directly into the offset account to generate a saving at the mortgage rate rather than the lower interest rate of a savings account.

    Taking money from the offset account doesn't equal 'redraw' whilst it is the PPOR right?

    Thanks,

    Jason

    Thats ok then. As long as the offset has a separate account number than it is just really treated as a savings account.

    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 TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi Claire,

    How long will the cheap accomodation last?
    Have you ever lived in one of these properties? Thinking main residence CGT exemption.
    Will you or is it likely that any of these would ever be lived in?
    Generally get a LOC on the one with the most equity. You can go to 90%, but as all of your debt is deductible this may not be so much of an issue.

    I generally am not in faviour of prepaying as:
    1. You need to fix for 1 year
    2. You are really only bring forward deductions so could have a biigger problem next year if not much to claim.

    But it will depend on your interest rate and outlook, the numbers and the situation.

    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 TerrywTerryw
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    @terryw
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    Post Count: 16,213
    Jason QLD wrote:
    Hi, I am new to this forum and IPs. I have been educating myself in IP ever since I made a deposit on an OTP property a year ago (stupid? Yes, but I needed something somewhat safe to get me started and to force my brain into reading books and doing research). My current plan is to live in this property for 6months to benefit from the QLD FHOG bonuses then turn it into an IP. So I plan on taking out an IO loan. Here are some questions that have been bothering me and I couldn’t find the answer for.

    1(a). If I take out an IO loan today for my current PPOR, over the period of 6months I place $25k into my offset account (to save on interest). Before turn it into an IP I can simply take out the $25k for personal use and my tax system remains simple right?

    1(b). If I keep the $25k in the offset account and add another $25k over another 6months. A total of $50k in my offset account over 1 year period. If I then take out the $50k for personal use. Is this when my tax system becomes a mess? Wouldn’t the accountant have some simple plug and play formula for these things?

    2. Does that mean all investors still have some sort of saving account for holidays/cars/etc if they don’t have a PPOR to redraw from?

    3. I’m having a difficult time deciding how much LVR will be best for me if I intend to buy more IP in the future.  Do most investors use the maximum loan amount to get maximum leverage? Ie >90% and pay LMI? What happens if the value decreases and the LVR becomes >100%, does the banks start demanding for extra repayments?

    Any comments would be greatly appreciated!

    1. Where is the $25k coming from? If you are using redraw then what you say won’t work. If savings then ok.

    Redraw = new borrowings. Which means interest deductibility depends on the use to which the borrowed funds were put.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Simple really

    Have an offset account on your PPOR. Get all rents paid into this account and all wages and income.

    Then just direct debit out to the various loans when interest is charged.

    Ideally also have a LOC in there somewhere. You can then borrow to pay all expenses related to the property, except interest. This will help you save non deductible interest.

    Use a credit card to pay for the expenses first and earn points and take advantage of the interest free period to save yourself even more non deductible interest. Before this card incurs interest you pay it off from the LOC (refinancing one loan with another).

    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 TerrywTerryw
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    @terryw
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    Yeah, just a local lawyer probably wouldn't cut it. Australian consulate would be the way to go.

    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 TerrywTerryw
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    @terryw
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    Yes, BFA is really the only way to protect. Costs a fortune because of the risks involved. $2k to $5k for a simple one. These can be done pre/during/post a relationship so it is not too late.

    Just because she is 'renting' this doesn't mean she cannot claim. Probably has no effect if she is in a relationship with your mate.

    Of course the other option is to break up before 12 months…

    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 TerrywTerryw
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    @terryw
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    Yep made-man, another thing to consider.

    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 TerrywTerryw
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    @terryw
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    Yes, if redrawn money is used for investments then little problems for the moment. Problems can occur if down the track one proeprty becomes a main residence or perhaps one property sold.

    Bank will treat as one big loan. You will have the burden of apporitoning interest.

    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 TerrywTerryw
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    @terryw
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    Jac you read my mind. I was going to ask is that in VIC? ha ha.

    Wendy,

    The following factors need to be considered:

    Taxation

    CGT

    Stamp Duty

    Land Tax

    Asset Protection

    Contribution

    Long term goals

    succession

    ability to transfer to a SMSF later.

    etc

    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 TerrywTerryw
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    @terryw
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    Post Count: 16,213

    To keep it simple, so you had a $100,000 loan for an investment property.
    You thought you would save interest by parking your $20,000 savings in the offset/redraw.

    1. If it is an offset
    You pay interest on $80,000. This is fully deductible

    You later take out $20k to use as deposit on the new PPOR you will buy.
    Interest on the loan is now $100,000. This is fully deductible.

    or
    2. If it is a redraw
    You pay interest on $80,000 and this is fully deductible.

    You later take out the $20k to use as deposit on your new PPOR.
    This is treated as new borrowings.
    Because it was borrowed for a private expense the interest on this loan is not deductible.

    So now you have a loan of $100,000 but only interest on the $80,000 part is deductible.
    This mistake has cost you about 5% x $20,000 = $1000 in lost deductions each year.

    Furthermore now you have created a mixed loan. Your $100k investment loan is part investment and part personal. This creates further problems, especially if you were to try to pay off the private portion first – it is impossible. You would have complex mathematical calculations to do in apportioning interest and the only way to fix it would be to split the loan into 2 and start again – once you calculate the exact portions.

    Imagine having an extra $1000 in deductions each year for 30 years, this would greatly help pay off your home loan sooner.

    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 TerrywTerryw
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    @terryw
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    mrpeterb wrote:
    />

    Do i need to put my current PPOR into a Trust to give me the best opportunity with the banks for my first couple of investments?

    Does anyone know of a good Lawyer and Accountant based in NZ to help me get setup for my venture?

    Can somebody explain in more detail Steves chapter on borrowing capacity? where he describes that on a wage of $100,000, the banks could potentially lend you $300,000 assuming you have the deposits available?

    Can i setup multiple trusts at will? What can i expect my limitations to be?

    Anyone else had the same ideas as me with regard to investing in NZ and done so? I'd love to hear how it went and the barriers that were faced.

    Any advice would be a huge help – Thanks in advance.

    Why would you want to put your PPOR in a trust? You may incurr land tax and will CGT and stamp duty. Little benefits gained.
    Banks generally lend around 5 times your annual income – very rough guide.
    You can set up multiple trusts. Your limitations will be your ability to pay for the set ups and running costs

    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 TerrywTerryw
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    @terryw
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    Be very wary of off the plan.

    Also generally only 1 offset account is needed, unless your cash will exceed the loan amount. Or maybe the properties are going to be in different names.

    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 TerrywTerryw
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    @terryw
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    Discuss exit strategies up front. What happens when one wants out?

    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 TerrywTerryw
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    @terryw
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    Is the offset account an offset account or a redraw account called an offset? There could be a big effect if the loan is investment related.

    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

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