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CG's are worked out and then added to your other taxable income. So the main way of reducing CGT would be to decrease your other income as much as possible. To do this you can use some strategies outlined by pwinne above.
Another method is to defer CGT until you will have a low income year. Or maybe exchange contracts on 01 July to put off paying it for another 12 months. You will then have more time to plan on reducing your income that financial year. You may also be able to sell some shares or other investments which have capital losses so that these can be used to reduce the CGs.
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 ask ING to return your money. They will chase it up to the OSR or Gadens and return it to you. Ask for a bit extra to cover the lost interest 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
Accountants cannot draft legal documents unless they are also solicitors. They can advise you on structuring and who to take what role etc in terms of tax. Solicitors can draft documents such as deeds or contracts, as well as give legal advice, but very few solcitors do their own trust deed drafting because of the complexity involved and the time involved. Most would use some sort of precedent document and then modify it by adding or amended clauses.
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
A vendor financier would likely be a credit provider because they are selling the property on credit. Selling of an option wouldn't be credit as there is no lending involved.
Paul Dobson of this forum was running courses on the NCCP for vendor financiers.
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
It makes sense.
Say you have $100,000 cash. If you put that in an interest bearing account at 10% you may get $10,000 pa interest, but you would pay tax on it. Say 30% tax = $7,000 left over. You would also be paying interest on your home loan which is not deductible.
Now say you pay $100,000 into your loan. You will not be earning interest, but will be saving interest. If you are paying 7% interest you would be saving at least $7,000 pa plus the compounding effect.
I haven't read the article but would caution against using a LOC for this. An IO loan with offset would be better.
The process could be sped up by using a LOC to pay for all investment/business expenses which would free up cash to pay down the non-deductible loans first. But his needs careful planning to make it work.
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. generally land tax would apply to second propertes, but there are tax free thresholds, so you may be exempt still. This varies from state to state.
2. CGT only applies on a sale. GST would only apply on new land or commercial.
3. There is provision in the tax act, ITAA 1997 to have 2 main residences for a period of 6 months if you are selling one. There are a few conditions tho.
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 suggest you put the money in the offset account until you want to use it. If you want to invest with it you should then pay down your loan and reborrow the money so the intereest in deductible.
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 very expensive book out there called something like "Drafting wills and trusts" which is a good read. It outlines the anatomy of a deed and explains each clause in a deed and what it is for etc. Costs about $350 but I think there is a CD included too which contains draft deeds and different clauses. This book is available at Sydney Uni library if you have access.
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 are also considerable asset protection advantages of using a discretionary 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
Yes in Japan for a while. I am not working at the moment.
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
Yep.
Renovation costs would probably be only depreciatable. You could only probably claim 2.5% pa for 40 years
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
Strataman wrote:Hi Everyone,
Hope someone can help me
Just a little confused with loan structuring..My circumstances:
PPOR is 110,000
IP 630,000
LOC 0 (20000 Max)i think im right in saying that my IP and LOC ( that pays the interest on my IP) are both tax deductable,
out of the 630000 borrowed for the IP, 20000 was added to my everyday account for renovation expences
Will this at all affect my 630000 loan? will it still be tax deductable if i use it for renovation costs? will it still be tax deductable if i use it to pay a lump sum off my PPoR loan?
I suppose my concern is that i might have cross collateralized my loans?Thanks in advanced
if you have borrowed $20k and put it into your savings account then later use it for investment purposes the interest will not be deductible as it will no longer be borrowings, but savings.
If you are using the LOC to pay the interest then this could be deductible, but this will depend on the structure – the ATO could disallow it.
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
Basically if you rent out half of your home then half of all costs associated with the hous will be tax deductible. However the rent will be income and the portion of the house rented out would be subject to CGT. It is the owner of the house that claims the deductions and pays the tax so who claims will depend on who owns.
year rule only applies to absences.
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
Also be careful about using 2 agents. Read your agreements carefully and make sure you won't be up for 2 commssions.
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
Not really.
Generally only a percentage of the rents will be taken into account – maybe 80%. Also you will have higher taxes with higher income so this will work against you too.
talk to a broker as each bank has different policies and some take into account deductibility of interest and add back depreciation.
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
Segregate your properties. ie. dont keep all your eggs in the one basket. Dont secure things against your PPOR either as it will be at risk.
Def look at discretionary trusts.
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
hi Angel.
$80,000 is huge!. I was stung the same way, but only for about $5k and I thought that was bad. I have never fixed a loan since.
One of my friends had a fee of $160,000 to break his loans – and he paid it.
Did you factor in the tax deductions? This could mean a huge deduction in the year of sale.
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
Well done Ryan
And don't forget to take into account the council rates, and any other expenses you incur – repairs too.
I think it is a bit dangerous in accepting cheques these days, but hopefully it won't bounce! I would suggest IO loan 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
I would suggest you always avoid cross coll.
It is possibly ok with just 2 properties – but only as long as things go well. If you have a problem and have to sell one property but the other has dropped in value, then the bank may be able to prevent you from selling unless you can pay down the remaining loan. This may not be possible or if possible it could be a disadvantage from a taxation point of view.
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
If you sell to a third party you would have more cash to put into the new PPOR which would result in more interest savings. But you would be up for stamp duty on the new replacecment property down the track.
Selling to you wife would mean no stamp duty on the purchase of this half property.
I would suggest you do the sums on both scenarios.
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



