Forum Replies Created
Why go with CBA? Their offset is not fully transactional.
And, why have an offset on an investment property loan? It would be better on your home loan, assuming you have one.
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
Placebo_vegan wrote:Hi,You will have to pay capital gains tax on the increased capital value of the property from the date you rented the property out. You will need to get a registered property valuer to give you a retrospective value on the property for the calculation to be made. The valuation needs to be as high as possible to limit your tax implications.
What state are you in?
What about s118-145 ITAA 1997?
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
What if rates drop further?
What if you want to sell?
What if you want to access equity but your bank won't let you and you need to refinance?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
Unless you marry your mate, or claim defacto status, I think you would be up for stamp duty.
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
You will have to look up the FHO act in the state of the property and work through it to find out. Also look at the definition of 'spouse'.
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
There is no GST on residential property rents.
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
Yeah, he will get charged with fraud and go to gaol probably, but his wife has just saved $13.5million dollars.
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
Isiah Thomas wrote:Hey I just have a quick question guys. I have a mortgage on an investment property which I am negatively geared and am only paying off interest. I havent paid off any of the principal for about a year since I switched my loan to interest only. My question is should I start to slowly pay off the principal or or just stick with the interest only???????????Thanks…
If you have non deductible debt then paying the loan down on an investment property will be like throwing tax deductions away.
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
You don't know what you don't know do you. But it could have been set up so much more effective. Imagine if you hadn't paid down your LOC, but instead used an IO loan with 100% offset from the beginning. $151,000 x 7% = aprox $10,000 pa. That means you have just lost a tax deduction of $10,000 pa for the next 30+ years.
The bank shouldn't be giving tax advise either, what they are saying is incorrect
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
When the lender tries to call on the guarantee one option is for the guarantor to claim that they never signed the documents and their signature was forged.
The Commonwealth Bank has failed to recover a $13.5 million loan after a court ruled former Billabong surfwear entrepreneur Matthew Perrin forged his ex-wife's signature on mortgage documents to obtain the money.
Read more: http://www.brisbanetimes.com.au/busi…#ixzz1YPqdbn3u
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
Jamie M wrote:Terryw wrote:What do you mean no taxes on gifts? I have been paying tax on my christmas presents for years!But Terry…..you also depreciated a dog once


Cheers
Jamie
Don't worry, that dog was a gift and the appropriate tax was paid first.
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
What do you mean no taxes on gifts? I have been paying tax on my christmas presents for years!
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 are renting then paying more money into an investment loan means you will have less cash available for private expenses.
imagine if you had $100,000 cash and then used this to purchase an investment property, a year later you decide to go out and buy a house to live in. Net result is you have a $100,000 higher loan on your home and a lower loan on your investment. This would mean about $7,000 pa less in tax deductions.
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
what is the value of the land in portions?
I think you would work out the value of the land for the one you are going to sell and there would be your cost base together with the construction costs.
Have a look at the pdf booklets at http://www.bantacs.com.au as there is a good book there on "how not to be a developer".
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
Ok, so you have a PPOR loan and an IP loan already?
If that is the case you would be saving more tax in you paid the money into the loan and then reborrowed it, under a separate split, for investment purposes. You would b reducing non deductible debt and increasing tax deductions.
You really shouldn't go to a bank yourself. It is like doing your own conveyancing, risky!
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, if you make a profit.
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 money in your offset account is cash so if you use it up and then require cash later for personal expenses you may have to borrow it back and this may create adverse tax consequences. However this may save LMI.
Do you have a home loan? if so then paying the money into the home loan and reborrowing may give greater tax advantages.
If no home loan then using the cash now will mean you have less cash later to pay for a home loan (which means more non deductible interest).
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
You will still be able to claim depreciation on the works.
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
But, following the case of Steele v FCT the ATO has released a ruling stating that holding costs could be claimable against income if the intention is to construct a property for rent.
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
Shouldn’t
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



