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  • Profile photo of TerrywTerryw
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    @terryw
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    You should be able to get the bank to process the FHOG for you so that it is available at settlement.

    If you don't move into your property straight away it will be subject to CGT. You will get a partial exemption based on the non-main residence days/ days owned x CG or CL.

    eg. If you sell within 12 months then half of the gain would be assessed.

    if you sell after 3 years then 0.5/6 x CG will be assesed

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Those rates are a tad high for a overall loan size of $500k+. Have you spoken with a broker to see what they could do, if anything?

    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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    Cross collateralising is when you use 2 security properties for 1 loan.

    eg. PPOR and IP used to secure the 100% borrowings on the IP.

    The better way to proceed is to set up a second loan in the PPOR and then use this cash to fund the deposit on the IP.

    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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    1. No
    2. No. Use an offset account – preferrably on your new PPOR if you were going to get one.
    3. Quantity surveyor.

    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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    See section 118-145 ITAA 1997

    This state you can still claim your property as your main residence, under certain conditions, even if you are absent for a period of up to 6 years. The actual wording under subsection 2 is "the maximum period that you can treat it as your main residence under this section while you use it for that purpose is 6 years." So this would mean, or I would interpret it to mean, that even if someone rented out a main residence for longer than 6 years the first 6 years could be CGT exempt under s118-145 (if all other conditions are met).

    ATO document Losses and CGT minutes, June 2010 supports this interpretation.
    http://www.ato.gov.au/taxprofessionals/content.aspx?menuid=43140&doc=/content/00260551.htm&page=14&H14

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I am a lawyer and wouldn't even do my own conveyancing in another state. proceedures and laws can be very different between the states – especially in stamp duty.

    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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    BTW, what state is the property in?

    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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    Sounds risky to me. Why not get some legal advice before doing all this? Will be cheaper than losing 0.25%.

    One thing you could do is to extend the cooling off period.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    That rate is a bit high – how much is the loan amount?

    Would be best for you to pay the min on the investment loan and any excess to the PPOR loan – so this means monthly, otherwise you would be making an extra month's payment to the IP each year.

    If your PPOR would become an IP in the future then probably best from a tax POV to change it to IO, but this also depends on your spending habits. Some would be tempted to spend money in an offset account.

    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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    You are losing tax deductions by paying more into the investment loan. This means you will be paying more interest on your PPOR debt which isn't deductible = losing money, although probably not much.

    What is the rate on the LOC? They are often higher.

    A LOC can be used like a IO loan. Just make sure you never deposit anything into the loan other than the monthly interest charges.

    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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    It may be worth considering borowing more on the IP and keeping the cash for the car. IP loan would be deductible and lower interest rate than a car loan – which may not be deductible or fully deductible.

    And, try to get a cheapy and make your money work for you.

    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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    pauln wrote:

    That's what the bank recommended as they were both previsouly P&I.

    Do you mean the bank recommended the loans be set up as LOC?

    This worries me.

    And why are you paying fornightly?

    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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    Another terrorism incident in bangkok last week too!

    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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    JacM wrote:
    Check that your loan offer from the bank allows a 90 day settlement. 

    Very good point – usually tey don't extend that far

    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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    You would be related parties – so can a smsf sell to a related party? I am not sure off hte top of my head. A SMSF cannot acquire but don't know about sell.

    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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    Possibly a unit trust and a SMSF could buy a property as joint tenants.

    But a SMSF could not buy units in a unit trust if it was a related party. These would be deemd in-house assets – actually a SMSF could prbbably invest up to 5% of its value in an in-house asset.

    But there would be further restrictions such as the unit trust would be unable to mortgage the trust's property.

    see also reg 13.22C SISR.

    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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    cyberman wrote:
    lets say if I get together with say 5 friends with the view to buy Investment properties…should I still set up a syndicate through a solicitor  or should we just purchase properties as Tenants in common?

    It would be a very good idea to get some advice first.
     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It could be CGT free if that is the case – but then the new one would be subject to CGT.

    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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    Sounds like you don't understand the concept of deductiblity of interest. This is determined on what hte borrowed funds are used for. So if you borrow against your old IP (eg LOC) and use this to pay down the new PPOR loan the purpose of the borrowings would be private and therefore the interest could't be deducted.

    If A and B jointly own a property and A buys B's share the interest on a loan for this partial purchase would be deductible, generally, if that property is an investment.

    This may entail stamp duty and CGT though. So you have to run the figures and see if the tax savings make it worth paying the stamp duty and CGT.

    If your properties are in VIC it could be possible to do with only nominal stamp duty.

    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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    If you moved out of hte PPOR then the portion of the loan that you could attribute to the money that was used to purchase the PPOR may be deductibe – or the interest on this portion would. Any interest on any money you have ever redrawn from this loan would only be deductible if it was used to invest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 4,541 through 4,560 (of 16,328 total)