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Perhaps it is a temporary thing until the sinking fund reaches a certain level.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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jmsrachel wrote:kat13 wrote:We pulled out the equity on our house – 90K which got paid into cash into our offset account until we were ready to get something…but we are also using 30K for personal improvements which is maybe why it was done that way????We are currently waiting on preapproval for the rest (not sure how much we can get – but broker indicated up to 400K all up).
What should we be doing? What sort of account do I need to stash it in?
Can I be a pain and ask where should Kat put the money once the equity is pulled out as cash. Now that I have learnt not to put it in the offset, where do you park it? Or do you wait till you've signed contracts then organise to pull it out?
You have to be careful to pay the money straight from the loan to the investment without passing through any savings account. So best method is to use a LOC or increase the loan without taking the money and then use a bank cheque to pay the deposit etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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slav wrote:At the moment I am looking at starting a familly trust and buying properties for us to live in, but not sure which will be the best way. And will it be advisable to transfer the super into the trust and self manage it?You need advice to set up the structure.
You cannot transfer your super into a trust unless you have met a condition of release. But if that is the case why would you as the CG and income inside a superfund would be exempt from tax at that stage.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yep
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You have to look and see if the body corporate has the power to issue these contributions. If so then you have to pay.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You should only borrow to directly invest.
Best to use a LOC or put the funds back into the loan and then use redraw. Never park funds into a savings account. Don't even do this for 1 min so as to write a cheque.
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
Sorry, don't mean to alarm you but Its too late now. You have set it up all incorrectly and The ATO can deny the deductions. See the case Domjan.
You can't borrow money and put it into a savings account – well you can but the interest will not be deductible because it is not investing. Mixing it with cash makes it even worse as you can't trace the borrowed funds.
It is like taking some milk and storing it in a class of orange juice and then saying you will take the milk out later to make a cup of tea.
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
You will have have a look at the SIS Act and SIS regulations.
A requirement is that any borrowings must be limited recourse and the assets of the fund cannot be mortgaged. This means the new property has to go into a separate trust which then provides the vehicle for the borrowings and offers the property as security.
If this can be overcome then you could invest overseas and borrow to do so.
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
What was in the contract you signed? Did you see any strata searches or conduct any?
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
If they are paying $600 per week then their interest rate must be 8.74%. Are they fixed?
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
You should seek advice on using the LOC to pay for loan repayments. What is your purpose in doing this? ATO can apply Part IVA and deny your deductions.
For a development it would be a good idea to use a separate structure such as a discretionary trust with a corporate trustee (not beneficiary, but could be that too).
But the trouble with your set up is that all your assets will be exposed by the need to give a personal guarantee. If the trust is sued then having a company as trustee will assist you protect you other assets, but if the development fails the bank can come after all your assets.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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kat13 wrote:PLC – Its sitting in my offset account at the moment, linked to my PPOR loan – hoping that's the best option.Oh no!
You borrowed money and put it in a savings account? The interest will no longer be deductible and you have created a mixed purpose 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
Trusts need to distribute income or the trustee will be taxed at the top rate. If your trust can only distribute to people on the top rate then there will be no tax savings.
But most discretionary trusts have the ability to distribute to a company as a beneficiary. So what you could do is set up a company and have the trustee distribute to that. Companies pay 30% tax which result in some savings.
The company could then onlend money to the trust, with tax advice, and the trust could buy more property. Eventually you may want to get some money out of the company and you could do this via dividends when you are on lower tax rates, or as loans (careful).
The great thing about discretionary trusts is the flexibility. Distributions can be changed year to year at the discretion of the trustee and this is something that buying in your own name cannot assist with.
eg. Imagine if one spouse stopped working for a year due to sickness or pregnancy, or travel etc.
Kids can only get $416 from trust income per year without being hit with penalty taxes.
But, a trust set up under a will or post death in some circumstances will have its income classed as exempted trust income and a child can pay tax at adult rates. This means roughly $20,000 pa fax free per child. So make sure you consider a discretionary trust in your will.
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
aussiechris wrote:Ok will do, thanks for the advice.This is actually pretty annoying because her super fund returned negative for the last year while she is paying 7.09% interest on an investment property. So in essence I thought she could simply use her super fund to pay some of her investment loan to basically be 7.09% better off guaranteed. Anyhow I guess we will just have to deal with the system that's in place.
If only it were possible, this would be great wouldn't it.
But it would defeat the whole purpose of super – which is to provide for retirement. If people got access to it now most of them would blow it all and then rely on the pension.
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 workers and engineers love the old spreadsheets
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
Either could be done assuming equit and income.
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
No they can't do that unless If either one of them has met a condition of release they may be able to get a lump sum.
There is a condition of release met if:
1. over 55 years of age and work less than 10 hrs
2. financial hardship
3. temporary or permanent disability
4. terminal medical condition
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
There is usually a much higher commission for off the plan sales. They can be much harder to sell.
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
Just out of interest are you an Engineer or IT worker?
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 don't know the law in QLD, but possibly. I would never recomend a client do this though. Don't exchange until set up would be my recomendation.
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



