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  • Profile photo of TerrywTerryw
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    @terryw
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    I too think this strange. What loss has the vendor suffered?

    Also, the real estate agent is the vendor's agent. ie they are authorised to act for the vendor. So you paying the cheque to the agent is the same as paying the vendor.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    techamitdev wrote:
    Terryw wrote:
    Def convert to IO + offset or you will end up paying more tax later.

    Thank you for the reply.

    After deducting all payments, as of current % rate, I will be going in to positive gearing with this property. Do you still it is a good idea to have IO only?

    I am preparing to buy another one though so it might be the good idea to pay only IO but in that case I will have around 400-450 per month earning (+ve gearing) and I will end up paying TAX on that too. but If I will have IO + Princ. then it will be around 100-200 $ per month positive earning.

    In both case I think I will have to pay tax on earning but the difference will be is if I will have IO then I will have more funds but that can be chewed by -ve gearing property that I will buy this year.

    what is your recommendation now?

    Btw, I'might move back to this apartment  – still should I make it as IO?

    Yes, all loans should be IO. Never use PI unless you are a spendsthrift and cannot control yourself.

    It won't matter at tax time whether you use IP or PI as the princple of a loan is not deductible. If you use a 100% offset the interest will be the same anyway, but it will save you tax down the track.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    If you pay PI you are tying up your cash in an investment property. If you later want to use the cash you will be stuck.

    eg your loan is $100,000 and you pay it down to $90,000. Later you want to buy a $10,000 personal item. You need to reborrow the money but the interest on the $10,000 won’t be deductible.

    If you had used a $100,000 loan with a 100% offset account you would have only paid interest on $90,000 while the $10,000 was in the offset. When it is removed your interest is on the full $100,000 and it is still fully deductible. This will essentially allow you to claim the interest on the $10,000 for the personal item as a tax deduction.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes thats right. Because of the % of stamp duty increases as the amount of purchase increases aggregation will result in much more stamp duty being payable.

    I hear it is particularly tough in VIC where you could be ht with aggregation by buying 2 houses in the one street, even where they are not next to each other and may be purchased months apart

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    JacM wrote:
    I take it they've moved to a fancy new place?  Get your solicitor to slap a caveat on the house so they can never sell it without your involvement.  Damn I'd do such a thing, just out of spite, to teach them a lesson.  What has happened to integrity, jeez.

    There would be no basis for a caveat in most state (except maybe tasmania).

    Although I guess they could cliam an equitable interest in the place due to owning the toilet seats!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I think you are assuming seminar promotors and book authors are the biggest investors. I don't beleive this to be the case. The big ones keep quiet. eg I have heard of one guy who owns more than 200 properties in the Milsons Point area of Sydney. There are many many more people like this who you will never hear of.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, you should be able to refinance your loan with another lender. As long as your financials are ok and you haven't missed any repayments it should be possible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Since you are self employed the lenders will want to see your personal financials as well as the company's. Generally they will want to see 2 years, but it may be possible to get away with one years financials in some instances. Best to see a broker.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I don't see there being a problem.

    Deductibility will depend on what the funds borrowed are used for. It doesn't matter what you initially told the bank.
    Even if you have one LOC with mixed purposes it should be still easy to work out as a %. Eg if you had a $100,000 LOC and used $60,000 for the trust and $25,000 for the deposit on the IP and $15,000 for personal expenses, then 25% of the interest would be attributable to the IP. The only problem with a mxied use LOC is that it would be impossible to deposit $15,000 and wipe out the personal expenses payment – the deposit would have to come off all 3 loans in proportion to their % of the total loan balance.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I don’t know the strategy in the video, but under certain circumstances, it may be possible to use a LOC to service the interest on your investment loan (ie borrow to pay interest) and have the rent and all spare monies placed into a 100% offset account on your home loan.

    This strategy could help pay off your non-deductible debt in years. The more properties and equity you have the faster the process will become.

    But beware. The ATO has deemed some of these schemes as ‘schemes withh the dominant purpose being a tax deduction and denied the extra deductions. So you do need careful planning and possibly a private ruling.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    redraw = new borrowings. So deductibility will depend on what the funds were used for.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Would the real top 10 investors want the publiciity?

    You would never know who they really are.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Def convert to IO + offset or you will end up paying more tax later.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    What pots? They never left any pots did they?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Thanks Paul.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Agents shouldn’t be advising on legal matters. If he did and u suffered a loss you could sue.

    Anyway, just because there is aggregation doesn’t mean it will apply in this situation. I didn’t read the section so don’t know if it applies

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    MrsC wrote:
    thanks, definately something to factor in. The sales agent has made a point of advertising the sale as coming with benefit of saving $$ on SD. But i definately dont want to believe that yet! need to investigate.

    Aggregation applies in WA too!
    see
    http://www.austlii.edu.au/au/legis/wa/consol_act/da200893/s37.html

    Duties Act, s 37.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    MrsC wrote:
    terry is that even with the separate contracts for sale of each title? Im in WA by the way.

    I don't know the laws for WA, but in NSW it would be. Even if you used separate entities or even different family memmbers or purchased up to 12 months apart the stamp duty could be aggregated. I suspect it is similar in WA so you should check with your solicitor and then factor this added expense in (if any).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    What if an accident happens and a kid is injured or killed. I would make sure your insurance covers you for all possibilities.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It should be pretty much the same in the UK as in Australia. Trust law developed in the UK. There will probably be some differences in the taxation side of things though.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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