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Very common with off the plan as the completion date is uncertain when entering the contract.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Colin,
It probably says something like settlement will take place within 21 days days of XXX. With XXX being registration of strata plan etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Only solicitors can prepare legal documents for others such as contracts. You could do it yourself, but you are running a huge risk. Imagine if you get everything in place and then go to exercise your option only to find the otherside doesn't have to honor it because it of a gaping big loophole which you were aware of.
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
It would be a good idea to change the loan to Interest Only with a 100% offset account. But as you are only going to be absent for 2 years this is not so essential – but still a good idea in general.
Its very unfortunate that you had all income deposited into your loan. The interest on the whole loan will now not be deductible. You would need to work out the deductible component, which would be the balance after all deposits into the loan were made. Interest on the parts withdrawn won't be deductible. Your loan is containinated with part used to purchase the proeprty (which would be the deductible part) and part used for private purposes. Normally it wouldn't matter if you are not claiming anything, but now it does.
Land tax is payable on investment properties (and owner occupied over a certain val). There is usually a tax free threshold. And the tax is only on the land value of your property. So if you only have one property the land tax may not apply. This is a State tax.
There are also CGT consequences. By renting out your home it will no longer be exempt from CGT. BUT, depending on your circumstances you may still be able to claim it as your main residence for up to 6 years and thereby avoid CGT.
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 should read the whole contract and see if they have complied. They probably notified your lawyer in writing that the settlement is due.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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ritchie
The ATO may not even require a loan agreement between spouses. She incurs the interest, but you claim it. yo could go and draw up a loan agreement though.
Jsut check with your accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Generally 80% of the rent is taken into account.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Guys
I didn't know you could do that. What about FBT?
I have also heard that there are special rules for people working for charities and hospitals etc because of special tax exemptions those entities have.
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 would need a binding loan agreement to make it all commercial. You could possibly prepare it yourself, or get a solicitor.
The getting the money and using it is hte tricky part, you would need to consult an accountant, but I would think you could get the lender to pay the money on behalf of the trust. If the lender just gives the money to the trust then you may have issues with the connection between the borrowing and the use of the funds.
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 see a lawyer first, and work out the legal issues.
Then I would suggest you work out the investment issues. This is the hard part and you should do you own research as well as talking to various professionals such as tax accountants, lawyers, mortgage brokers and financial planners.
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 it is probably an expense incurring in producing the rental income
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
Salary sacrifice a credit card? What do you mean? Does the employer just pay the credit card for you each month by reducing the taxable wage by the same amount?
If you pay a loan with a credit card then you would need to do a cash advance and then use the cash to pay. No lender would take the credit card payment. Same with rent, the real estate agent may be able to charge a credit card, but they would want the card fee added on the transaction – 1-2% usually.
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
Trusts don't come under the SIS Act or any SMSF laws – unless they are SMSFs.
If your trust wants to borrow money you can lend it to the trust by entering into a loan conctract with it. This is best to be a written agreement.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If the tenant pays the bills then you could include it, but the amount they pay you would be income i presume.
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
The hardest part will be to keep coming up with the deposits.
To keep on borrowing you will need good rental incomes and a good wage. You will also need increasingly larger deposits. You can get the deposits by a combination of saving and growth in the value of the property.
Have a look at the stuff Nathan Birch does and you can get a good idea on how it 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
I may be being too strict, but you never know. I have a friend who has been audited by the ATO and he had transferred money from his loan to his savings account, mixed with other money, and then invested it. They never picked it up or mentioned it so it wasn't a problem.
But better to be safe and sure.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
I think you should get some proper advice first.
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
amsaini15 wrote:Terryw wrote:If you do decide to use the offset method, then make sure you have no money in that account when you deposit the borrowed funds. If you do then you will be in a greater mess.This is exactly what I am trying to do. Will keep funds in separate offset accounts so that funds for investment are not mixed with my personal funds in PPOR loan offset.
still not ideal. but better than the other way.
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
too late now. You have already paid the loan down. Any withdrawals now will be new borrowings and the deductibility will depend on what the funds are used for.
It may work out better for you to sell house 1 and then pay down (or better into the offset account on an Interest Only loans (IO)) and then later go and borrow to buy a new investment property.
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
Michael,
Did see your post there. Special disability trusts are just trusts set up for someone with a disability. If it is set up for the maintenance of the person with the disability and the disability is severe then there are many tax and centrelink benefits – the trust assets may not count as the person's assets up to a certain level, so someone could still receive centrelink benefits and be a beneficiary of the 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



