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  • Profile photo of TerrywTerryw
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    @terryw
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    1. The legilsation doesn't have a time limit, so basically as long as you can establish that it is your main residence you should qualify.

    2. Best not to pay off principle but to put extra in the offset. It should save the same interest (unless u r tempted to spend). If you pay down principle then you will be paying more interest if you need to buy a new house to live in – your funds would be tied up and you would need to borrow more.

    4. No, you can borrow against equity in the first to buy the second.

    Yes, you are generally right on track, but you could tweat the strategy a bit to improve it. Paying down debt is good – but could lead to tax complications later.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Move in. move out.

    under s118-145 ITAA 1997 a person can be absent from their main residence yet still count it as their main residence for it to be CGT exempt for up to 6 years. To get the full exemption you need to live in the house initially and establish it as your main residence. You can then rent it out and claim all associated costs – yet still retain the CGT exemption.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Watch out for finance issues.
     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi Dru

    Why not
    1. Buy a place to live in and then rent it out. You can retain its CGT free status for up to 6 years. CGT could be considerable if you are sucessfull in adding value so it may be worth the hassle of moving in and out.

    3. Def do the IO with offset. But, you say you want to pay down the principle of the second one – this is not adviseable as if you were later to buy a property to live in again then your cash would be tied up.

    4. Yes, good idea. The only problem with super is that the equity in the properties cannot be used. ie you cannot borrow against the first one for the second. But it is still a good strategy as the properties can be CGT and income tax free once you hit pension phase or meet a condition of release. Super is also a great asset protection vehicle and generally falls outside your estate and there are tax benefits to your depenants if you were to die too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    You would have to add up all the expenses and see if these are less than the rent. If rent exceeds expenses then it would be cashflow positive.

    If you had $100k in the offset you would be saving around $6,500 in interest pa so it probably would be cashflow positive.. But if you removed the money it may turn into negative.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    What will your income be like when you are not working?

    If might be better to open a savings account in your own name and earn some tax free interest and let your husband save more tax on the negative gearing – but this will depend on the savings rate.

    I seen one on TV tonite which was around 6.01% at call for the first 4 months with Rabo bank.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Which do you think will show greater capital growth?

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

    Lots of spam on this site.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Summary
    1. Never deposit funds into a loan
    2. Use IO loan with 100% offet

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    My impression is that Cintaku wants to buy a holiday house but still claim all associated costs with it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You would get getting a 6.5% approx return if you use the offset
    v
    4.5% approx in a savings account.

    Are both names on title for the IP? Does one spouse have very low income?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, it would be possible, depending on the value and location etc.

    But still not so easy. If you were working and had good income etc and both properties were taken as security and the LVR was less than 70% and your dad got independant legal advice then a private lender may lend to you. Probably not an institutional lender though.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hate to inform you that will be virtually impossible.

    Banks will only lend 95% against a property value for squeaky clean borrowers. Private lenders even less.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Have you cross collateralised the loans?

    Best way would be to set up a new loan on each property and use that as deposit. What LVR are they at atm?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Why not put it in the offset on IP2?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If the property is available for rent then all costs would generally be deductible

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Or look directly at the law
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

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

    Do you realise you can change names on title in VIC (between spouses) without stamp duty? (maybe just $50 nominal).

    For CGT absence from main residence see s118-145 ITAA 1997. You can be absent for up to 6 years as still claim it as your main residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Yes, good points.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thats not a legal question. Foreign investors still are restricted in what they can buy. I don't know if its too easy or not – its not something I have thought about before. There are certainly a hell of a lot of Chinese buying off the plan apartments at the moment. Not sure this is a good investment though so they will probably lose money – which would be good for the Australian economy!!??

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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