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6 years is the limit, but you may be able to claim a partial exemption at least. Best to save as much as you can. Check with your accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you have been absent less than 6 years you could possibly claim the first house as your main residence and sell it CGT free.
But the new house will be subject to CGT.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you borrow extra on IP 1 to pay for the loan on IP 2 then sell IP2 the interest on IP1 new loan wll no longer be deductible because you have sold the property the loan relates to.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The loan amount after redraw would not be completely deductible. The redrawn $50,000 would be treated as a separate loan. Since you have borrowed this to park into a separate account the interest would not be deductible.
This is why it is important to get the structure right. If this really did happen, ie you were $50,000 ahead in your home loan and then wanted to move out and rent it, thent he lost deduductions would be the interest on the $50k = $3,500 pa. This means every year you could have beeb claiming $3,500 more in tax deductions. Think of the compounding effect that savings could have had.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
heaps of issues with structuring.
If you have paid off your main residence you may want to consider using a discretionary trust,
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you had a $500,000 loan and borrowed $400,000 off your friend and placed it in the offset and paid him 3% then:
$100,000 at 7%
$400,000 at 3%
= better off for you.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Possibly income tax rather than capital gains. Costs will be appoortioned between the two. GST likely to be payable too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
probably because of the recent flood of spam messages. One spammer had 246 posts up in a matter of hours os I think some of hte replies here have been deleted because they were spam.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It is largely too late now as you have used the money, but using a DT could give some additional asset protection. You may even be able to set up a post death TT for up to 3 years see s102AG ITAA 1936. This may be tricky though it you have spend the cash and it cannot be traced.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
NM,
I wouldn't like to say too much public, but you could have utilised a dsicretionary trust and possibly a post death testamentary discretionary trust depending on the circumstances.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Terryw wrote:Perfect structure NM. Can't get much better than that.Hi NM
I just read your other post about the inheritance. You could have structured this much better by utlisiing some asset protection techniques and could have possibly set it up more tax effective too. Still doing well though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
hi Karl
A LOC is no good for a normal loan. In fact it can be very very bad if you were to use one on your home and to later rent it out.
What is ideal is this:
$100,000 home
$80,000 loan. This can be IO or PI with 100% offset account. All rents and incomes go into this account.
After your home grows in value:
$200,000 home value
original loan is $80,000
now you can set up a LOC for $80,000You must never use this LOC unless it is for a new investment property.
you buy a $100,000 IP
Loan is $80,000 interest only with the remaining $20,000 and stamp duty etc costs coming from the LOC.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Perfect structure NM. Can't get much better than that.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Many tax issues with LOCs. You should avoid them for general use and only use then to access equity for further investments.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The main reason is that you should pay off nondeductible debt first – ie home you are living in. If this is paid off you could use IO or PI for investments. using IO could help spread your investments more though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It should be just a mathemetical calculation in that case???? Which is larger 0.05% of the loan or $395?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes, the Fin planner has admitted he got it wrong again! 2 things wrong with the one client. That could have been very costly!
Thanks Mike,
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
ATO has a new online 'calculator' on GST
https://expertsystems.ato.gov.au/scripts/net/GSTProperty/Introduction/GSTPropertyIntro.aspx?Task=da80fe99-4af2-4f1c-87e8-e0c361999fb6&NavGraph=Home&View=HomeView&PID=68&ms=Tax%20ProfessionalsTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could get hte package fee waived and then go back later and complain about the high interest rate!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Refinancing won't help with CGT though
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



