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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Lets keep the numbers simple.

    eg. $1.000,000 property (proeprty 1). $500,000 loan (loan 1). PPOR.

    You inherit $100,000 and put it into the loan, thinking, I will save interest and take it out later for my new PPOR.

    Your loan drops to $400,000.

    A year later you decide to go and buy a new PPOR and will rent the old one.
    You want to use the $100,000 as deposit for the new one. So take it out of the loan.

    The new balance on loan 1 is $500,000

    Only $400,000 of loan 1 relates to the purchase of property 1. So the interest on the $400,000 would be deductible when this property is rented out.

    The $100,000 redrawn is new borrowings and the purpose it was borrowed for is the new PPOR. Therefore it is a private expense and the interest will not be deductible.

    If you have mixed these in one big loan of $500,000 then, generally, only 4/5 of the interest will be deductible.

    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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    I don't understand that sorry.

    There is no way to make that $10k deductible.

    If your loan is $325,000 (including $10,000 redraw which is from extra payments) and you are moving out and into a new place, then the interest on the $320,000 should be deductuble (providing you had never redrawn from this loan).

    You can then set up a new separate loan for say $20,000. This $20,000 could be used towards the new PPOR, but the interest would not be deductible because it is private purpose borrowings.

    You could then get a separate loan for the PPOR with another lender or same lender. If you have other cash and/or use the $20,000 loan then you would not have to cross collateralise the loans.

    (PS. this is why you should never pay down a loan and why an IO with offset can work out better).

    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

    Profile photo of TerrywTerryw
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    @terryw
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    removing from a loan = withdrawing = new borrowings

    So, yes. It doesn't matter when you withdraw it, it is the purpose that determines deductibility.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Yes.

    Taking money from a loan, including a redraw , is new borrowings.

    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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    Correct, but where is your money now?

    If you are withdrawing from a loan this will be new borrowings and the interest on this portion will only be deductible if it is used for investment purposes.

    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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    Broker would likely get a new upfront commission from the new lender. This could be the motivation.

    Watch out for withdrawing money from the loan as if it goes towards the new PPOR then the interest won't be deductible and you will have mixed purpose loan.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Also problems in getting finance if owner builder

    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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    Possibly wouldn't include interest unless you didn't claim it along the way. Also incl buying and selling costs, commissions for agents, advertising for sale, legals etc

    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

    Profile photo of TerrywTerryw
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    @terryw
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    normbay wrote:
    I think the guys at Acceptance Finance would give you a better idea than the Forum on this question. Bear in mind that the tax-deductibility of the debt follows the purpose of the debt – so what is the purpose of debt financing for your offset account? If that's to reduce your personal interest cost, then it probably is not deductible. Accountant will tell you how they would treat the different options you are looking at. (from the Mortgage Mincer)

    Yeah right!

    Nice first post

    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

    Profile photo of TerrywTerryw
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    @terryw
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    BrianN wrote:
    Hi, I am a newbie of this forum and I appreciate your advice on my property investment.

    Currently I and my wife own a PPOR worth 550K valued by bank. The loan balance is 175K.

    We are going to buy a townhouse at around 737K and plan to move in and turn current PPOR into IP.

    I intend to refinance the loans with another bank as follows:

    – Set up IO loan for current PPOR and P&I loan with offset a/c for the townhouse
    – Transfer the accessible equity of PPOR (550*80% – 175) = 265K to offset account
    – After paying 20% deposit of 147.4K plus 33K stamp duty and other fees we will have about 84K in offset account
    – The IO and P&I fortnightly payments will be debited from this offset account

    My questions are

    – Is this the best way to structure the loans in term of tax?
    – As the bank valued PPOR at 550K, I dont need an extra valuation for CGT purpose if I decide to sell it after more than 6 years, do I?
    – If I sell it, for instance, 12 years later for 700K will CGT be (700-550)* 6/12* 50% discount = 37.5K?

    Thanks for your advice.

    Brian.

    The interest on the $265,000 loan will not be deductible. But it may still be worth doing, but make sure this loan is a separate split. so you don't contaminate the existing loan on the property. $175,000 loan should be deductible.

    You cannot use the main residence CGT exemption because you will be claiming the new house (or claim old house and not knew house).

    If your house is in VIC you may be able to buy the house off your wife with no stamp duty and borrow the lot. This will create a large deductible loan with a large cash deposit for the new house. Will save you heaps potentially.
    But watch out for asset protection and estate planning issues.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    If your intention is to hold then generally CGT would apply. If you want to just build and sell then generally income tax.
    CGT would be sale price less cost base. If over 12 months then 50% discount may be available.

    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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    Good news Paul

    ps when are you coming to Sydney again?

    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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    One loan being refinanced with another

    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

    Profile photo of TerrywTerryw
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    @terryw
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    if they don't defend it in court, then could be quick. file a statement of claim, wait 28 days get a judgment and then try to get the money – but then they may apply to set aside the judgment. Or more likely, they will just pay.

    Of once they are served court judgments they will just probably pay. If they want to fight it then maybe 6 to 12 months.

    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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    The strata fees are a debt and if they aren't paid the strata corp can take the owners to court and get a judgment. Once a judgment is obtained they can then proceed to recover the monies owed such a seizing property (with court orders) etc.

    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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    Harry,

    Good in theory again, but very hard to implement. Why would a partner take all the risk and give you a bit of the profit?

    You could use a unit trust (to take part of the risk) and protection your ownership position. But there are many things to cover.

    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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    Its possibly tax deductible, and so are the proceeds if paid out.
    If it is added to the loan you will be paying interest on it too.

    But that sounds like a high premium so I suggest you get another quote.

    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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    IO will usually automatically revert to PI at the end of the IO term.

    You can then, or before, approach the bank and ask them to extend the IO term.

    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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    It may be good in theory but you will find it extremely difficult to find a lender willing to lend to you when you are borrowing money from the vendor to complete the sale.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Gluttons for continuing education points too.

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

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 4,841 through 4,860 (of 16,328 total)