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There are some calculators floating around the somersoft.com forum
But all you have to do is to add up expenses and deduct these from rental income.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Why not do some figures? On a $650,000 property the tax savings would be substantial I think.
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, but you also have to factor in non financial things too – the hassle of being told the lease won't be renewed and having to move, changing schools for kids etc.
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
1. possibly no CGT
2. If there is a profit then tax would be payable.
3. same as 2It is not easy determining CGT/Income tax on a main residence sub-division. Go to bantacs.com.au and look at their PDF booklets for some ideas.
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
Haven't you heard of data sharing? Are you telling me the ATO needs to get a warrant to get your interest details from a bank, or from centrelink?
I used to be in the AFP. You can't imagine how many checks are done everyday such as telephone subscribers, electricity checks. No warrant is needed for these.
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
more like 4 years
https://www.propertyinvesting.com/forums/getting-technical/legal-accounting/4322697But the links in my post are dead now
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
Jules, I have written about it here before – its in one of my 11,220 posts somewhere -2-3 years ago from memory.
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
No need for a warrant for these sorts of enquiries. Police and other agencies, even private investigators, could get access to these records if they relate to the investigation of a possible offence.
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
Ah,, I missed that important bit. If there is no loan then there is not interest to deduct!
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 did one loan years ago to a unit trust. The daughter had bad credit, so set up a unit trust with mum as trustee, daughter sole unit holder. It got through without them checking.
But I think generally they would require personal guarantees from the unit holders as well as the directors of the trustee.
So, who are the unit holders? ie who is the trustee of the superfund? If it is a company, then you could possibly get away with the lender knot knowing there is a superfund involved. The smae for a person as trustee too maybe. But, they could ask for tax returns etc of the unit holder.
Also I havne't looked into this, but there may be a requirement under the new AML legislation to declare any trusts involved.
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 can certainly turn the PPOR into an IP, the interest on the existing loan should be deductible, but not on any further borrowings.
Did your FA advice otherwise?
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 the borrower?
If it is the trustee with the aim to redeem the units then maybe. But if it is any other way then I think not as the unit holders would generally be required to give personal guarantes.
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
Just try from a small limit and you will find it easy. They will also keep sending you letters offering to up the limit every 6 months. I had a cc with a $60,000 limit, but recently ditched it. I now use mainly a debit card from ING – it only works on your own money. No fees etc either
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 agree with Colin.
Both are private expenses so you cannot claim any interest which means you should generally pay the highest interest loan first.
Change the scenario a bit. you have 2 credit cards, one high interest, one low – which would you pay first?
If the car loan was deductible, then you would generally pay down the house first as you could save more tax this way, but it would depend on your income as well – if you earn low income and don't pay tax then you would not be saving any!
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 recall reading a VIC case about 3 years ago re a FHOG audit and the person was required to pay back the grant and copped a fine. This was based on electricity usage.
Colin, probably no breach of Privacy Act as it relates in an investigation.
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, financially you would be better off by renting out your unit and renting the one next door. But this would be dependant on the loan amount etc
This is because if your property is negative geared then you can claim any loss against your income and will save tax.
BTW, it is still possible to rent out your home and have it CGT exempt 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
There is a risk that you will release your 10% and the vendor ends up losing the deposit and goes under and does not complete this sale.
I would suggest you speak to your solicitor about removing this clause.
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
Ray
If you are building yourself the lenders would probably consider you an owner builder, even if you are licenced.
I would imagine the mortgage insurers probably would not accept this arrangement and you would need to contribute 20% at least. that is 20% of the land costs and 20% of the costs of construction. You would have to pay your 20% upfront before the bank would chip in too.
If you were building for someone else then you could probably get away with 10%
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
Henry,
From your initial post I thought there was 1 fee, but it appears there are acutally 2?
$880 joining fee and a $8700 fee. Is that correct?
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
Advantage = separate legal entity Limited liability.
Disadvantages = no 50% CGT discount, possibly more land tax, high and more complex accounting, Corporations Act laws and ASIC oversight.
Why not look at using a discretionary trust (which also have disadantages, but some sig advantages as well)
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



