Forum Replies Created
yes.
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
You’re a time waster.
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 could use you equity to buy something and stay where you are. Moving may assist in your claiming slightly more back in tax in the short term however you have to weigh up the hassle of moving out.
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 trouble with this is that deductibility depends on the names of title – in general.
It may be possible to have separate loans, by your sister guaranteeing your loan and you guaranteeing her loan, but this may not be effective for you to claim the entire interest on your loan.
So you should check with an accountant before doing anything.
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
Ashley C wrote:Hi Henry, be very careful of that sort of strategy. The ATO certainly does not like this sort of thing and have even published a "taxpayer alert" on one such scheme.
http://law.ato.gov.au/atolaw/view.htm?docid=TPA/TA20011/NAT/ATO/00001
The other factor to consider is that if using a trust to purchase a ppor then the CGT main residence exemption is not available. This would generally be worth way more than the tax deductions.
This one is the ruling, more in depth
TR 2002/18
Income tax: home loan unit trust arrangement
http://law.ato.gov.au/atolaw/view.htm?locid=%27TXR/TR200218/NAT/ATO%27&PiT=99991231235958Terryw | 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 direct link doesn't seem to be working atm, try http://www.ato.gov.au/rba/disclaimer.aspx and use the ruling number to search
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
I agree that you have to be careful. You would need advice and possibly a private ruling
Here is a a link to a private ruling where someone rented from a trust which they controlled
PBR Authorisation Number: 1011415913206
http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/1011415913206.htmTerryw | 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
AllanP wrote:HSo pretty much in a nutshell i can claim depreciation on this property in Adelaide while living in Brisbane and still be exempt from capital gains tax because the house was initially my PPOR? Providing i dont do it for more than 6 years.
This could be the case, but there are many other factors that need to be considered.
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
In that case if you fix you will be saving 0.46% for 3 years off what your paying now. If rates go higher you will save more, but if they go down then you won't be saving as much.
You also have to factor in other factors such as break costs. What if you want to change banks or sell the house for example
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
In this global climate do you think rates are likely to go up or down?
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
BTW, if you did your option 2 and used $250,000 to buy the IP:
$250,000 x 7% = $17,500
That means you would have had $17,500 less in tax deductions!
That is a huge difference in tax
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
I would do neither. You would want to minimise the size of your PPOR loan and maximise the investment loan to enable you to save more tax.
Richard's method makes sense.
Loan 1. A small PPOR loan by using $250,000 as deposit.
Loan 2. You then take out a LOC up to 80% of the value of this.Loan 3 for the new property. IO as high LVR as possible with the deposit etc from loan 2. So you will end up borrowing 105% of the investment property. Loan 3 is only secured by the investment property. Loans 1 and 2 are only secured by the PPOR.
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
Mick – think you mean only fixed trusts get the land tax threshold.
Getting the land tax bill must have been a bot of a shock to you. But hopefully the income tax advantages make it worthwhile
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
Firstly, you will also need to factor in tax deductions.
Secondly, if you are doing it with the intention of paying your home loan off sooner then the ATO probably won't allow it. see TD 2011/D8
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
excellent!
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
GST is very confusing, especially with property.
This is my understanding:
Residential property is generally exempt from GST. But new property is not. New is classed as something completed in the last 5 years.
When you construct a property you will be charged GST on materials and labour. And when you sell you will have to charge the buyer GST if sold within the first 5 years (built into price). So when you do sell you can deduct all the GST you have paid and then pay the ATO the GST you have received.
If you do claim GST as you go and dont sell the house in 5 years then you would not have been entitled to claim the GST so you would have to pay it back.
And, to claim GST on the land etc you would have to had received a tax invoice at the time of the purchase and be registered for GST.
The sort of entity you use shouldn't really change things.
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
A solicitor with a knowledge of taxation could also assist.
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
Make sure that the vendor will accept a deposit bond as many won't. 10% cash is standard
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
Who is your current lender? And are you on a package with them?
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
A registered mortgage is one that is legally documented with registration at the land titles office.
An equitable mortgage would be one that is unregistered.
Generally registered takes priority over non registered, but first in time also takes priority over later and the rules are very complex so even if you give someone else a registered mortgage now the bank may still take priority. If you didn't give them the paper work they could also call in the loan too so there is not much you could do – (unless you had no other assets and remortgaged the property with another bank and took out a LOC and run off with the money! You would then let the banks fight it out over priority. You would be committing offences 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



