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  • Profile photo of TerrywTerryw
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    Mayuran wrote:
    Terryw wrote:
    Mayuran wrote:
    I also have similar question , I have a PPOR & IP , can i pay all the rent i receive to the PPOR , and take out another LOC and pay for the IP loan ? will this be allowed for tax purpose?

    Again, would depend on the situation and purpose. Why would you want to structure it that way?

    So that i can reduce the interest on PPOR loan , which cannot be deducted against my income …

    In that case the interest on the LOC would likely NOT be deductible. see:
    TD 2011/D8

    Income tax: does a taxpayer's purpose of 'paying their home loan off sooner' mean that Part IVA of the Income Tax Assessment Act 1936 cannot apply to an 'investment loan interest payment arrangement' of the type described in this Taxation Determination?
    http://law.ato.gov.au/atolaw/view.htm?docid=%22DXT%2FTD2011D8%2FNAT%2FATO%2F00001%22

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Mayuran wrote:
    I also have similar question , I have a PPOR & IP , can i pay all the rent i receive to the PPOR , and take out another LOC and pay for the IP loan ? will this be allowed for tax purpose?

    Again, would depend on the situation and purpose. Why would you want to structure it that way?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Depends on many factors such as the reason for doing this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Don't forget repairs as these can be significant in some properties. Actually new propertes can have high costing repairs too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I beleive you can count the whole 6 years exempt – as long as you can meet the other conditions.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    MrsC wrote:

    This may be a strange question but im wondering if this is the norm. I recently refinanced to ANZ and after settlement i expected paperwork showing the breakdown for each payout. Similar to what Ive had before when purchasing an investment. I get details of disbursements so i can actually see what the costs were.

    ANZ have just sent me notification of loan drawdown amounts and when i reconcile to what was paid to my old lender there is at least $2000 oustanding. i really wasnt expecting refinance to cost this much (amount is after taking into account my old lender's discharge fee costs).

    Wanted to know what others have experienced.

    The breakdown wll probably be on the loan statements.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I was going to suggest the benefits of living in it include keeping it CGT free when you rent it out – for up to 6 years. No need to move back in either, but if you moved in and out the exemption could continue for another 6 years.

    Also, the loan set up is good, but have you considered trying to get a 90 or even 95% LVR. LMI would be payable, but this would be deductible over 5 years, after you move out, and you may be able to cap the LMI into the loan so you don't need to pay it in cash. All of this will free up more cash for your future PPOR and would be more tax effective. You just have to weigh up the costs v the benefits.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Mike has sent me a PM saying there is a problem with the replies appearing with the quotes – which explains his silence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Mike is perhaps inspired by the Dao De Jing:

    ?????????
    Those that know do not speak, those that speak do not know

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Kimberly wrote:
    How about paying it down as much as possible now…..
    ……but not close the account.

    And when it's time to move to the new PPOR, remortgage this IP (the first PPOR) with interest only payments.
    Does that make sense?

    Doesn't make sense because you will lost deductibility of the interest

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

    Something happened to your post – it appears to be nothing but a quote of the opening post.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Unreal wrote:
    They are REAs, you say you're interested and they find a block of land in their chosen city (atm it's Brissie).  They line you up with everything; builder, mortgage broker, everything.  By the time the house is build you've got a tenant…..I can't see any down side?

    Paying too much?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    In QLD I don't think you can transfer between spouses without stamp duty – unless main residence.

    But you could buy out your spouse's share. She would pay CGT and you stamp duty, but it would release funds which could be paid down on your non deductible debt and then you could borrow to buy her share and claim the interest and thereby increase tax deductions overall. Do the sums.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Think more long term too. How long will the property be running at a loss? after it is postive geared then you would be paying much more tax in your name. Also CGT.

    In NSW you cannot do a transfer like this without stamp duty – unless divorcing or dying.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    With super there are different stages or phases – the accumulation phase up until 'retirement' and then the 'pension phase' once you meet certain criteria – usually age of 55+ but rising to 60. Another is if you have a serious disability or illness.

    The income of the fund is taxed differently in each phase.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Once you've paid off your personal debt you could start to pay off investment debts. But I think you would be better to use IO loans with offset accounts – unless you are tempted to spend.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    That would be correct.

    But it is not tax effective. It is bad advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Cross securitisation is simply using 2 securities for the one loan.

    If you take a LOC out on an existing property you have only used 1 security for this loan so it won't be crossed, but there would be 2 loans on the one property security.

    However, if you have 2 properties with some equity in them and then you decide to get a big LOC and use these 2 properties as securities then you will have crossed the securities.

    When a lender takes a mortgage over a property they have certain rights such as the right to take possession if you do not keep the repayments up. So, having 2 properties securing one loan can mean the lender can take one or both properties to enforce their rights to sell and recover their money.

    They may also be able to get at other property, but only if there is a shortfall and they obtain a judgment against you. They then would need further court orders. So they can get at other property, but it is much more lenghty and complicated and they will just sell the security property first.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You need to carefully consider succession planning. Super doesn't form part of your estate. Although you can direct that it goes into your estate.

    Make sure you have a company as trustee (90% don't apparently) and have binding death benefit nominations. Consider succession of the company as well as the trust and also consider the taxation implications of who the super proceeds goes to. Dependents are taxed differently from non dependants.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you are not renting a house out then it can be CGT free for an indefinite period under s118-145
    But, this may not apply to one you are constructing because you could no longer claim it as a residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Viewing 20 posts - 4,761 through 4,780 (of 16,328 total)