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  • Profile photo of TerrywTerryw
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    @terryw
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    i would only use a LOC secured on your current house and then use this as deposits with the main loans for each new property being IO loans.

    With that approach all the securities would be cross collateralised which is not good.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    jmsrachel wrote:
    Correct me if I'm wrong but I think you have to pay land tax on any land worth $200k or more. The more its worth the more you pay. Dead money really.

    Not so!

    In NSW it is more like $396,000 – the main residence is usually exempt and doesn't count to the threshold.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi Paul

    Excellent answer from Tony Cordato.

    I suppose you could also fax is a discharge request with a settlement date of 14 June 2042.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Mayuran wrote:
    I have variable interest only loan . how do I pre pay the interest ? just transfer extra money into home loan ? or is there a special procedure with the bank? Thanks Mayuran

    Transferring extra money into a loan will result in the repayment of principle.

    You have to change your loan to a 1 year fixed and pay the interest up front. Probably too late for this year if you haven't begun the process yet.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    One idea (or 2) behind using IO is to use as little cash as possible for investments so that:

    1. You can pay off your own home sooner, and/or

    2. Invest in more properties.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Keep in mind if you sell a property with an existing mortgage you will probably be breaching the standard loan agreement you have with the lender.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Have yous considered  if you dont fix and prepay again next june you will have a higher tax bill next year. ie you will have rental income but not much in deductions.

    Also most are suggesting rates may fall again in the near future.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No, it was supposed to drop to 29% next financial year, but this was scrapped in the recent budget so I don't see them going to 25% anytime soon

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Its probably CGT exempt then.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If its an investment loan and you have private non deductible debt then it is more beneficiarial to keep paying down the personal debt first – hence IO on the investment to free up cash.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Did you have another residence at the same time as this one?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I plan to spend every last cent and then get the pension at age 67.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thats ok, thanks for the info.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    In NSW only someone with an equitable interest in the property (land) can lodge a caveat. It can't be lodged for a debt unless you have let the lodger charge your property – such as some builders and lawyers do by including clauses in their contracts.

    From what I know so far, which is little, I can't see how this would work because it seems like a scheme designed to defeat creditors.

    But it could have the shock effect so someone doing some checks before going to court may just stop there.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thanks Kate

    Doesn't really make sense to me.

    The trust may have an interest in the property but what happens if the property grows in value.

    eg.

    $100,000 property
    $80,000 loan with Bank west
    $20,000 interest via the trust having an equitable claim – not sure what
    You may be able to say the person owns 80% and the trust 20%

    After 10 years,
    $200,000 property

    Person 'owns' $160,000 less the $80,000 = $80,000
    Trust 'owns' $40,000

    If person goes bankrupt the trustee in bankruptcy will come in and take over the property (standing in the shoes of the person). The trust may have its position secured by registering its interest which may be a higher interest than the creditors. Bank will be first in line.

    But the $80,000 equity will be exposed and when the trustee in bankruptcy sells the property this (minus there $79,000 fees) will go to creditors.

    Also for that to be effective the trust would have to do something for its interest, such as injecting money.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Kate

    What do you mean by "The trust that goes on the caveat"?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Austlii is the most common website used by lawyers to check legislation. It may not be 100% as up to date as the commonwealth Govt one but it is much easier to use.

    In this instance it is up to date and contains the same wording as the one you linked to, which wasn't the actual Regulation, but the update to it.

    Now I get what you are saying: Govt is unjustly excluding "break fees" from the definition of "exit fees".

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Michael.Lee wrote:
    Gidday gibbo1,

    Also note my post linked to the actual current legislation SLI 2011 No. 40 rather than the resource linked by Terryw which carries an all care, no responsibility disclaimer.

    You can also view the complaint to the Commonwealth Ombudsman on Exit Fees here which I encourage you to do if you would like to research the issue and respond more thoughtfully.

    Thanks,

    Michael

    Michael (Gidday)

    I am not sure what you mean by this.

    SLI 2011 No. 40 amends Regulation 79A of the

    NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010

    Reg 79A can be found at http://corrigan.austlii.edu.au/au/legis/cth/consol_reg/nccpr2010486/s79a.html 

     

    This regulation prohibits exit fees. But it does not apply to break fees for fixed loans.

    A break fee is defined at Reg 79A(3) as

    break fee means a credit fee or charge that relates:

                    (a)    only to the early repayment of an amount provided under a credit contract for a fixed rate loan; and

                   (b)    only to the portion of the loan that is fixed; and

                    (c)    to the part of the credit provider's loss, arising from the early repayment, that is a result of differences in interest rates.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi

    Refinancing won't affect deductibility, increasing the loan won't either unless the extra borrowed is invested.

    New tax free thresholds mean you can each earn about $20,400 next financial year and pay no tax.

    Can't comment on the proposed fraud aspects!

    Look at the 6 year rule under s118-145 ITAA 97 which will allow you to rent out the property without losing the CGT exemption – in some circumstances.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Nope, never heard of that ruling.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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