Forum Replies Created
- Havinfun wrote:Terry,
My wife has no income, I am currently looking at swapping the funds into my name only.
Regards
If the
wife has not income then she could potentially earn up to $20,400 pa and not pay tax. Why not invest in the managed funds in her name? Franking credits from direct shares would also be very beneficial if she owned the shares 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
Wife doesn't work and the managed funds are in your name? Does wife have an income?
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 cannot advise on defrauding the tax office.
One way they can easliy find out is through an audit. Ask you to produce bank statements.
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
Christos76 wrote:Thanks for your advice.
Terryw wrote:Christos76 wrote:… and transferring all my redraw into the offset to make sure I take full advantage. My plan is then to use my offset to put towards paying off a PPOR loan which I will take out when I find a place I want to live in and then purchase.…
Don't do that!. You would have containinated your loan. = disaster.
Hi Terry,
I'm not sure what you mean about contaminating my loan.
Heres my plan.
1. Have a $400K IO loan with offset account (containing $100K) for my IP, meaning I only pay interest on $300K.
2. Find a house that I want to purchase to live in.
3. Take out a separate mortgage on this new home as P&I. I will aim to pay this down as much as possible as quickly as possible as it is not a tax-deductible debt.
4. Remove my $100K from offset on my IP mortgage and use this to pay down the home loan, thus maximizing my tax benefits.
My understanding is that the whole amount of the $400K loan on IP will still be claimible as a tax deduction because of the way offset accounts work.
I hope I am correct in this assumption.
Thanks for your advice.
Chris
Sorry, I must have misread up above.
If you are only taking money from an offset account then there would be no tax issues.
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
cham_chuan wrote:Hi, guys I read all the questions and answer And I have a maybe silly question For tax purpose Can Adam refinance his current PPOR and make the loan look bigger 315k*80%=252k or even more… Then Adam will have cash in hand to buy his new PPOR And from that time Adam starting to use his old PPOR as new IP So the 2 loans are very clear and also he will be able to claim more tax on his IP ? Sorry if the question sound silly… I'm very new to thisHe could do that but it wouldn't change the tax positon.
The extra money borrowed would be for private expenses and the itnerest on this would not be deductible.
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
Derek wrote:Terryw wrote:Derek wrote:I recommend getting in touch with Terry (he is an accountant and broker) so you'll get two highly valued services in the one package which means your broker will be on the same page as your accountant.
Well, I hope so anyway



Thanks Derek, but I am many things but am not an accountant.
Not an accountant – ooops.
You studying to be one?
Nonetheless, your knowledge of tax matters when combined with brokerage knowledge would be invaluable to your clients.
Nope.
I am a CTA – chartered tax advisor, solicitor and a broker though. Fin planning soon.
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
Must have been my first thread since the new badgville board came online.
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
Derek wrote:I recommend getting in touch with Terry (he is an accountant and broker) so you'll get two highly valued services in the one package which means your broker will be on the same page as your accountant.
Well, I hope so anyway



Thanks Derek, but I am many things but am not an accountant.
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 know what that means? I have been posting here 10 years +. These badges are a bit of a wank if you ask me.
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
Christos76 wrote:This got me thinking about taking it a step further and re-mortgaging my investment loan to borrow as much as possible against this IP and keeping the extra funds released from the equity in the offset and then pulling all that out towards the purchase of a PPOR. My follow up question is can I do this since I will be using the offset for non-investment purposes, or will it be OK as long as the re-mortgaging on the IP loan is complete before purchasing the PPOR?
If that is allowable it seems that would make the most sense as I would be taking the maximum equity out of the IP, using it for PPOR, and therefore maximizing my tax benefit. At least that is what I was thinking.
Does that make sense or is there a flaw in my logic?
Thanks,
Chris
Doesn't make sense, logic is missing!
you are proposing to borrow money and investing it into a savings account = interest not deductible.
You will be mixing borrowed money with non borrowed money = even more not deductible!A
And you will be using the funds in the offset to buy a private residence = prima facie interest not deductible.
further more the original loan would end up a mixed purpose loan and cause all sorts of other difficutlies in calculating and apportioning interest.
You can see why you need tax advice
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
Christos76 wrote:… and transferring all my redraw into the offset to make sure I take full advantage. My plan is then to use my offset to put towards paying off a PPOR loan which I will take out when I find a place I want to live in and then purchase.…
Don't do that!. You would have containinated your loan. = disaster.
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 would prefer the use of the offset account rather than paying down the loan.
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
cham_chuan wrote:Thanks, TerryHow much LOC would I be able to take out generally speaking?
if i plan to apply for 100K, would i be be paying LMI even I don't use it?
you are saying by getting LOC on my PPOR ,and leave the IP loan stand alone…
am i right by :
when I spot a property, I use my LOC to put down the deposit
use the pre-approved loan for my IP
and anything that is short, pay with the LOC?
it makes sence…. to me
is that correct?
Ideally get the LOC to 80% LVR of the main residence (less current loan). If this is not enough you may need to go over. LMI will be payable upfront. Properly strucured the LMI could be deductible.
When you find a property place the deposit from the LOC and borrow the remainder as a separate loan. Pay expenses from the LOC too – but not the interest on the third loan.
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
Things can change. So you may decide not to move into your Brisbane house again and buy somewhere else to live in. If you had paid it off this will cost you a fortune in extra tax. Why not consider a IO loan with a 100% offset? This will allow you to save the same interest but keep a large loan just in case. In 4 years you could have $440,000 in the offset and $440,000 owing still but no interest being paid. At this stage if you decide to move in you can pay off the loan/keep it as is incase you move out.
If you want to use the $85k whatever you do don't take it out of redraw as this will create all sorts of problems and you will end up paying more tax. Set up a separate LOC on this property and borrow this $85k. This will then be segregated and you can claim the interest separately from the main house loan.
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
Get a LOC on the main residence and use that to pay for deposit for the IP. Keep stand alone. All IO loans. Offset on main residence loan.
Consider names on title for the new one.
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
Of course there would be restrictions. THe land would be worth much more than $1 and this is being done to help the town economically.
Probably such as:
1. Must build on it within x months
2. must be owner occupied.
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
Scott No Mates wrote:Is it still possible to withdraw all of your super if you are relocating overseas with no intention to work in Australian. again?Not anymore
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
The definitive answer is found in s 8-1 ITAA 1997.
(1) You can deduct from your assessable income any loss or outgoing to the extent that:
(a) it is incurred in gaining or producing your assessable income;
……
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
No, not possible unless you meet a condition of release. used to be possible but not anymore.
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
prospector wrote:No, i wish now i hadnt gone through a broker,You surely mean "I wish now I hadn't gone through that broker.
Just because most are clueless doesn't mean all are. (from what I see at training sessions etc most are clueless)
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



