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

    I resisted buying one for a while, but have given in a got one and I must say the iphone is very good.

    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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    Just remember this:
    – pay off non deductible debt first.
    – interest is calculated daily, so reducing the interest payable on day 1 will have a compounding effect as you will be saving interest on interest from day 2 onwards and this saving will be exponential.

    so,
    – pay minimum on your investments because these loans are deductible.
    – Obtain the income tax variation as this will get you the tax savings every week
    – the tax savings means more money in your offset (against your nondeductible debt) or loan which means great and quicker savings.
    – make sure you are claiming everything possible, depreciation, trips to the accountant 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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    PPR,

    You currently owe $170,000 on your PPOR mortgage. If you "max up" the loan to $500,000 that would mean you are borrowing an extra $330,000. The deductibility of the interest on this extra $330,000 will depend on what the funds are used for.

    I think you are confusing yourself about "swapping loans".

    eg If I borrow $10 to buy a book and $20 to buy a chair, how would you swap loans? It doesn't make sense. The $10 was borrowed to buy a book, so how could you now attribute it to the chair?

    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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    techamitdev wrote:
    Hello Terry,

    Thank you for your time.

    Just a last question.

    Even if I am going to +ve gearing, should I still maintain this as as Interest Only (IO) loan?

    Best,
    Amit

    Yes. otherwise you will be tying up your cash and won't be able to use it without tax consequences.

    eg what would happen if you paid your loan down by $50,000 and then needed $50,000 to buy a personal item (such as an ivory back scratcher)? You would  need to reborrow the money from the bank, but couldn't claim the interest on the $50,000 redrawn. Whereas if you had used an IO loan with a 100% offset account you would have saved the same interest, but still have the cash available without the tax consequences.

    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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    PPR remortgage wrote:
    Terryw wrote:
    Deductibility depends on the purpose and use of the funds borrowed. So if you borrowed $200,000 for an IP and that IP becomes a private residence then the interest on that $200,000 will no longer be deductible.

    What you could do is talk to a tax expert about setting up a LOC on your PPOR, in addition to your $170,000 loan, and then use this loan to pay the interest on your $170,000 loan. ie borrow to pay interest. The freed up cash, together with wages and rents, can then go into a 100% offset account against the new loan (new PPOR, current IP). This will free up cash to pay down the private debt fast while increasing your deductible debt.
    This needs careful planning thous, don't do it on your own

    Thanks, just wondering about the legality of this?

    Yes, perfectly legal. I have posted here before a few links to private rulings which were passed and some which were rejected. You must be careful in how you structure it as the ATO could disallow the deduction if you are entering into a 'scheme' with the dominant purpose of a tax deduction. Before doing this you should really apply for a private ruling to be safe.

    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
    Join Date: 2001
    Post Count: 16,213

    Deductibility depends on the purpose and use of the funds borrowed. So if you borrowed $200,000 for an IP and that IP becomes a private residence then the interest on that $200,000 will no longer be deductible.

    What you could do is talk to a tax expert about setting up a LOC on your PPOR, in addition to your $170,000 loan, and then use this loan to pay the interest on your $170,000 loan. ie borrow to pay interest. The freed up cash, together with wages and rents, can then go into a 100% offset account against the new loan (new PPOR, current IP). This will free up cash to pay down the private debt fast while increasing your deductible debt.
    This needs careful planning thous, don't do it on your own

    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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    scotts wrote:
    Terryw,

    Thank you, I'm happy to hear that my general understanding of what a trust can do is correct.

    Is there anyway for the trust to retain the profits after selling the properties and reinvest without distributing to beneficiaries or paying 45% (or whatever the highest tax rate is)?

    I don't think trusts can retain income without having the trustee pay tax at the top rate. The trustee may have to distribute the money and the recipient gift it or lend it back to the trust.

    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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    You can also keep your place exempt from CGT too by claiming the absent from main residence exemption for up to 6 years.

    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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    Pretty much on track, but.

    DFT is not a legal entity, It is only a relationship. It is the trustee that enters into contracts.

    John Smith could only act a guarantor if he was trustee, or director of trustee. There may be others required to give guarantees too.
    Smith can loan or gift money to the trust.

    Benefactors are usually called beneficiaries.

    A company can be a beneficiary, but this will depend on the wording of the deed. If it is a beneficiary then money can be distributed to it. A company can lend the money back to the trust, but there are complex rules regarding this – Division 7A rules. The terms of the loan and interest rate need to comply with the rules.

    If you are doing a development then the 50% discount may not be available if the intention was to develop and sell.

    talk to your advisors about this.

    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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    Prepaying will bring your deductible expenses forward. If you have exceptionally large income this year then it may be wise, if not then next year you will have a problem of little deductions – unless you prepay the next years again

    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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    Just read an interesting article in SMH
    http://smh.domain.com.au/real-estate-news/come-in-and-feel-the-noise-landlords-to-pay-for-rowdy-tenants-20110506-1ec3g.html

    The article is about tenant noise and some landlords allegedly renting out units to backpackers, but the article also mentions:
    "Landlords John and Sarah Hanna, who own more than 100 properties in the eastern suburbs"

    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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    angelinsydney wrote:
    Hi all,

    This is one example why we should all use the services of a solicitor (as opposed to conveyancer – sorry guys if there's a few here).  My long-time solicitor will not take this sort of c__p, he'd go to bat for me in an instant. 

    Good luck and I hope this gets resolved for you ASAP.

    Angel

    I would have to agree with Angel.

    You never now when you will need some legal advice too.

    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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    EV

    Sounds like you have cross collateralised your properties. This is both dangerous and will be restrictive down the track.

    Best to untangle it asap before you get any bigger.

    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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    Under the standard contracts, in NSW anyway, you are only given a right of inspection once in the 3 days before settlement (going from memory here). Any additional inspections would be up to the vendor.

    If I was a vendor and you had not negaotiated this prior then I would not let you in, as there would be nothing to gain from it, and the possiblity that you may find something else to complain about.

    Going in uninvited would be tresspassing and this would be the case even if the area is not fenced (and this doesn't mean it is open to the pubic). Tresspassing is a criminal offence and you also could be sued too. There are also insurance risks, if you a tresspassing and the repair person falls through the roof on top of you and you break your arm, eg, you may not be covered by any insurance.

    But, having said all this, why not just ask the vendor for permission to go in. If not just do the final inspection and check it out then.

    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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    Yes, it can't be your main residence until you live in it first. So difficult to claim the exemption – or impossib.e

    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 could ring a few in the area and see if they are on St George's panel.

    Also try rining or talking to some St George people yourself as some may give them the valuer.

    Also tell your broker to try asking his BDM at St George for help.

    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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    Dual occ is two dwellings on one title. This will mean one lender and you could only sell the 2 together. If they had separate titles you could take them to different lenders and sell them separately.

    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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    1. Yes, since the case of Steele. I don't think there is a time limit as long as your intention is investment.
    2. 2.5% per year for 40 years for building works. Fixtures and fittings can be claimed at a higher rate over a shorter time.

    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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    Scott,

    Clause 1 of the contract defines depositholder as:
    "vendor's agent (or if no agent is named in the contract, the vendor's solicitor)"

    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've just looked at a NSW contract.

    cl 2.1 of the standard contract of sale stipulates the purchase must pay the deposit to the depositholder. 'Depositholder' is defined as the agent.

    cl 2.4 also states the deposit can be paid to the agent.
    cl 2.5 however states that if the deposit is not paid on time the vendor can terminate the contract, but this right to terminate is lost once the deposit is paid.

    So, my interpretation of this is, if you had paid your deposit to the agent before the vendor issued the termination notice then you should be fine. Confirm this with you solicitor.

    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 - 5,941 through 5,960 (of 16,328 total)