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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Looks like you have dug yourself into a bit of a hole.

    You cannot withdraw from the existing loan or borrow for the new home and have it deductible because you will be living in it.

    If only you had used an IO loan with a 100% offset account.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi Goneos

    Ideally you should set up a LOC for the $30k and use the money from there directly for investment.

    Borrowing and placing money into an offset would not be wise. I would advise not to do it that way.

    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.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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     You probably should enter into a loan agreement with the trustee and then you could just pay the funds directly where needed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yes, why not!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    You personally borrowed money and onlent to the trust so the trust should be able to claim the interest on this loan. BTW, you should have a written loan agreement with the trustee.

    The expenses for the reno and stamp duty would not be deductible outright. The stamp duty would be a cost to be claimed against a capital gain when you sell, and the reno would be depreciated costs. So you wouldn't have such as large tax deduction as you may have expected. This may mean the property won't be making a loss.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I think we have discussed this several times haven't we?

    If you borrow to invest that is ok. But you would be borrowing money to put into a savings account. You would later invest. This is not ideal because there is no direct connection to the borrowing and investing. You may get away with it though but technically the interest wouldn't be claimable, especially if you have other cash in the account as well as the borrowed funds.
     
    It doesn't matter what everyone else does. you need to do things properly so that you can maintain deductibility.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    What is the purpose. You cannot borrow for an increase in valuation. You also cannot refinance $1000 you paid into the loan last year – or youcan but the interest won't be deductible.

    I think this is dangerous. You shouldn't borrow money and place it in a savings account as that can break the nexus between borrowing and investing. see Domjan's case.

    It all sounds very messy.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Amsaini,

    Are you saying you want to borrow an extra $25,000 and put it in an offset account?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I would suggest you think long term. How long would the property be negatively geared?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    see how easy it is!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Why are you using that company? and why would you take tax advice from them?

    Would you take advice on nutrition from a person who worked at KFC?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Thanks Troy and Jay.

    Incidently, foreign judgments can be enforced in Australia in many circumstances. I think the judgment needs to be obtained over there in a superior court

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yes it would be better to borrow funds for the investment.

    eg. Imagine you had a $1,000,000 home loan with $200,000 in the offset. This means you pay interest on $800,000.

    If you took the $200,000 and used it for investment then you would now be paying interest on $1,000,000.
    None of the interest would be deductible.

    Instead, if you set up a LOC on your home for $200,000 then you would be able to borrow the $200,000 to invest. Your home loan would still be $1,000,000 and you would still have $200,000 in the offset. So you would be paying interest on $800,000 which wouldn't be deductible.

    Net result is still interest is being paid on $1,000,000 but 20% of it would be deductible.

    If you don't have enough equity in the home then it would be worth taking the $200,000 from the offset and paying it off the homeloan and then setting up a separate loan and reborrow it again. A bit of mucking around, but it would save you a fortune in tax over the years.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    hi Dan

    Thanks for that.

    There are a few groups out there promoting such a 'scheme' and I guess it is getting too popular now.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Money in an offset account is cash.

    So if you use it to pay for new PPOR then this can be good as it results in a lower non deductible loan.

    However, if you use cash to pay for an investment then this is not so good if you have non deductible debt. You will end up paying more interest for non deductible debt and less interest on deductible debt = more tax payable.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    The price will vary depending on you age, whether you smoke, health etc

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    exiting the partnership should be easy. The other partners would agree probably if she is just gifting them her 'share'. But the lease and any guarantees will be the hard point.

    BTW there may also be CGT consequences with this – but she may end up which a capital loss which can be used to offset future capital gains.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Let this be a lesson to others.

    Never buy a house with a caveat or if you do don't expect an easy settlement. A caveat s a warning that something is wrong.

    Goodluck shoppingarigas. I think you were planning to move into this one too which makes it more stressful

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    There is a NZ case, Canterbury Finance Ltd v Sagar Trust Ltd (1997) ANZ ConvR 119, which is given as authority for the view that a mortgagee will not be bound by a contract of sale entered into by a mortgagor, (unless consented). So the vendor's contract with you will probably not be binding on the bank once they take possession after a default.

    see also
    Law Mortgagees Queensland P/L v Thirteenth Corp P/L [1999] VSC 360
    http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VICSC/1999/360.html

    National Australia Bank Limited v McFarlane [2003] VSC 26
    http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VICSC/2003/26.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    For sale by mortgagee in possession see ss 56-66 Real Property Act (RPA) http://www.austlii.edu.au/au/legis/nsw/consol_act/rpa1900178/

    If the mortgagor is in default then the mortgagee may take possession, s 60.

    s 61 the right to foreclose.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 5,481 through 5,500 (of 16,328 total)