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If it is a separate loan, the loc, then that is good. You must have equity to do this then
Good that they have a license too.
But who is the lender? 6.6% is very high at the moment. I hope the main loan isn't a LOC.
Not sure about the fees being deductible up front. Seek your own tax advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If it operates like a redraw that concerns me even more. That would result in a mixed purpose loan so how do you distinguish the interest deductible.
Also make sure they are authorised to give this sort of advice – AFSL licence or an authorised rep of a licence holder.
Also what are their fees?
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 be concerned that it is not tax effective.
You would probably be effectively paying cash for an investment. If you could instead pay all the loan amount off the loan and then borrow the extra money to invest into the same share investments then you would be paying off the non deductible home loan faster.
The 'Gap protection' will probably involve the purchase of an option so there will be fees for this 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
Very difficult to find a lender willing to allow vendor finance of 20%.
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 valuation done. Agent's listing price usually doesn't bear any relationship to value
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
Pat007 wrote:On a related note, if used for an investment type purchase is the debt interest on a credit card claimable against Tax in Australia ?In Australia if you borrow for investment or business related purposes the interest is generally deductible. This includes credit card interest.
But with a credit card often there will be a mixture of purchases so you may have to apportion any interest claimed.
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 refinance a SMSF loan, but St George is a good one as you don't have to provide a personal guarantee.
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
Trust Magic is a great book and I would recommend it over Renton's for beginners.
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
See Special Purpose companies
http://www.asic.gov.au/asic/asic.nsf/byheadline/Special+purpose+companies?openDocumentAnnual fee is a mere $43
http://www.asic.gov.au/asic/asic.nsf/byheadline/Schedules+of+corporations+fees?openDocumentActually, you are asking about the custodian trustee aren't you. Now I am not sure if these could be special purpose companies. But a call to ASIC would set you straight.
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 it can.
But if the company is already doing something – such as trading or acting as trustee etc then it shouldn't be used.
You can get special purpose companies set up for the sole purpose of acting as SMSF trustee and they have lower asic fees so it may be worth setting up a new one anyway.You need to consider a few things when setting up anyway – sucession, shareholdings, consitution etc
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 was just going to suggest a trust structure too – should at least consider it.
In some states the transfer of units in a unit trust are not subject to duty. In NSW the rate of duty is currently 0.6% but it will be abolished from 01 July 2013.
That means that 2 people buying property together could purchase in a unit trust structure and when one wants out the other can buy the units and no stamp duty would be payable from 1 July next year in NSW. The legal owner of the property would be the trustee and need not change – ie no change in land title. Also if the trust is a fixed unit trust then access to the land tax free threshold could be maintained.
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've changed my signature!
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 for the kind words..
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
Just pay all the bills such as rates, insurance, water etc. Don't let your property manager pay them for you!
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
Banks don't accept credit cards for loan repayments.
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
That would be classed as a cash advance which would not give you any points or interest free period – and probably higher interest rates 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
LC
You are still confusing different issues I think.
1. CGT.
A main residence can be left vacant indefinitely and be free of CGT.2. Income Tax
A residence can be left vacant for any amount of time, but you could not claim any costs unless it is available for rent and you are actively looking for a tenant.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 am a solicitor and have studied trusts and asset protection for years. I would suggest you couldn't do it yourself without exposing yourself to so many 'things' you hadn't thought of or weren't aware of.
There are trusts set up which are invalid, trusts which have been drafted in a way that stamp duty would be payable on the full assets if the trustee were changed. Trusts that fall into the hands of someone else on your death etc.
You could get a trust deed for free online or you could spend some money and get some professional 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
And you might find that a valuer may think what you paid is market value. Start collection details of comparable sales (sales not just listings)
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 could possibly claim it or part of it to the extent that it was used for income producing purposes.
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



