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But the question is will another main residence overseas mean they are unable to class the place here as a main residence.
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Any deposit or proceeds etc will be held in a trust account – either a solicitors or real estate agents. There are stringent rules regarding trust monies. So it would be very unlikely that a solicitor would take the money – but it does happen sometimes. All solicitors carry insurance, so if you do suffer a loss you can make a claim against the solicitor and/insurnace.
You should be able to do most things via post such as signing documents etc. Or, you could appoint the solicitor or someone else as you attorney to sign documents on your behalf – probably not necessary.
I have bought and sold many properties interstate without ever meeting anyone – never seen the agent, solcitor, buyer or even the property. Your situation would be similar, just a bit longer in distance.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It is probably because they will require you to get financial advice. But this wouldn't be independant financial advice if it is with a CBA planner.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Most major banks will go up to 70% LVR for SMSFs. Expect highish fees though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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booge wrote:In terms of tax benefits, if it's a case of more work for him I'm fine with that, so long as I get some financial benefit. Are there any good property accountants in Melbourne or eastern suburbs of Melbourne? I don't feel totally confident in mine. I've been told in here chan and naylor are pricey, just after a fair price, not ridiculous.The issue is not that it will be more work for the accountant but general tax deductibility.
Say you borrowed $15,000 from a separate bank as a personal loan and put the money into your offset on your home loan – could you claim the interest on the personal loan in this case?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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booge wrote:Paullie wrote:So your accountant believes increasing your deductible debt and decreasing your non-deductible debt will have no tax advantage?If Im reading that correctly, you need a new accountant.
He had said "it would complicate tax more as he would need to start apportioning the interest claim on the rental loan." Even though it may complicate it more, i'd still like to know if it benefits me though.
I can't see how it would benefit you.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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booge wrote:Had a phone call with a Mortgage Broker, the advice for me was to fix my IP mortgage with ING for 3 years at 5.99% paying interest only. Cost to switch the loan type is $250, I’m already with ING on a variable P&I.Currently minimum payment per fortnight $596 P&I @ 6.62% variable
If fixed at 5.99% and interest only it would be $923 per month (monthly only)It would free up just over $3000 per year.
I’ve also been advised via this forum (and another learned mortgage broker on here!) to put the extra $15000 available for redraw from the IP loan into my current PPOR home loan offset.
My accountant has advised me using the $15000 for the PPOR offset will not help for tax purposes and complicate tax more and not be advantageous.
Thoughts?
I haven’t read the whole thread again. But if you are going to be borrowing money and placing it in an offset then the interest won’t be deductible. So I would agree with your accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You could look at borrowing some equity and investing into high yielding shares. Mst be careful tho. You could then possibly capitalise the interest on the LOC for hte shares and get some good dividends.
give us some rough numbers?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Derek wrote:DittoNo, his name was Richard.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I knew some people who did – had to sell their properties in the end.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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no, the other one.
If you borrow from IP 2 and put it into IP 1 and then live in that then the interest on the extra borrowed from IP2 wouldn't be deductible.
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 you borrowed it and place it into another investment loan then it would be just a refinancing of part of the debt. deductbility should be the same but you may still retain access to the funds if the second loan has redraw.
But you would be required to aportion the interest between the 2 and it would get complicated if you were to ever live in the 2nd property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It seems you've paid extra into the loan, so that $54k cannot be reborrowed without considering the tax implications. If you reborrowed it for the next IP then the interest would be deductible, but not if it is used for personal expenses.
Maybe you could set up a fixed loan based on the amount excluding the $54k and keep that variable and available in redraw. While you are at it you might as well make sure all loans are IO and set up a 100% offset account attached to the one you may live in next. This will help you save interest without all the tax problems.
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 are you trying to achieve?
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 about my poor grammar – i type fast
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
hi Catalyst
Yes, renovation and selling would be good. But I took the term flipping to mean just buy and sell straight away – possibly without even settling on the property.
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
Richard,
New residential premises is defined at s40.75 GS Act
http://www.austlii.edu.au/au/legis/cth/consol_act/antsasta1999402/s40.75.htmlPremises up to 5 years old could still be classed as 'new' under this definition if they have not previously been sold.
This is a very complex area.
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. The extra tax on the new loan, ie the redrawn amount, will not be deductible because you will be borrowing it and placing it in a savings account.
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
Solomon10 wrote:Thanks for your explanation Jamie, i understand that much,including the article you linked to. But what is the difference from just re-drawing the amount to take it across to your new ppor? Would the ato frown upon deliberately increasing deductible debt and reducing non deductible?Withdrawing from a loan = new borrowings
What determines deductibility? The purpose those funds will be used for.
So, if you redraw from a loan and then buy a private residence (PPOR) with it then the interest won't be dedutible.
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
Capital gains haven't happened yet – so hard to evaluation. But no point in investing without them so you need to consider.
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



