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  • Profile photo of TerrywTerryw
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    @terryw
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    see s118-145 Income Tax Assessment Act 2007

    You can rent your main residence out for up to 6 years and still have it exempt from CGT in some circumstances.

    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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    See the old TR95/25
    Income tax: deductions for interest under section 8-1 of the Income Tax Assessment Act 1997 following FC of T v. Roberts; FC of T v. Smith
    http://law.ato.gov.au/atolaw/view.htm?locid=%27TXR/TR9525/NAT/ATO%27&PiT=99991231235958

    see especially paragraph 42:

    Borrowing used to repay an existing loan

    42. Interest on a new loan will be deductible if the new loan is used to repay an existing loan which, at the time of the second borrowing, was being used in an assessable income producing activity or used in a business activity which is directed to the production of assessable income ( Roberts and Smith ATC at 4388; ATR at 504).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Usually fixed loans don't have offsets available, although some banks offer them on 1 year fixed loans.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    When you use a credit card you are really borrowing money. So this is a loan. When you pay from the LOC to the credit card you are just refinancing one loan with another.

    I imagine that as long as you only use the credit card for investment expenses then the interest should be deductible. If you start using the card for personal expenses then you would get into a mess.

    Check this with your accountant.

    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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    What happens when you have invested this money and then decide to buy another place to live in? You could end up with a high non deductible loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I worked with a guy once who rang about 20 shops to ask for their prices for a particular mobile phone. He shopped around and saved about $100.

    He later went out into business and paid the advertised price for a juice shop. He didn't even try to bargain them down. (later sold it at a massive loss).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You can't have 2 main residences exempt at the same time (except for a 6 month overlap provision if buying/selling)

    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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    Lora4486 wrote:
    What about someone who doesn't have an income but has a 60-80k deposit, parents with high incomes but no properties of their own, who are willing to act as guarantor? Would they be able to get finance for their own mortgage?

    There is a way around outright rejection and that is by having the parents buy the land with your deposit. Either in their own names or through a trust set up.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    propertyinfo wrote:
    Interesting reading here, thanks everyone for their posts. I have an example here where I think it shows the advantage of an offset account:

    Me: 100 000 cash, no properties owned
    Buy first house as holiday house (say 200,000 to buy), put 20,000 deposit, 80,000 in interest only offset account

    – – -2 years later- – –

    Buy second house as residence, move 80,000 to my new mortgage (PPOR), and rent out holiday house as a full time rental (20,000 left on investment property).

    In this example is an offset account with interest only the way to go?  Assuming I will buy an investment first and PPOR second, it seems this my best option.  Happy to hear some comments though.

    Are there any drawbacks for this method?  Can the holiday house still purchased outright the same way or are there catches with the IO offset account?

    Also, can the offset account be used to 'tune' the repayments to match rental income? 
    ie – holiday house mode: low rental income/high deposit/low repayments
        – full time rental mode: high rental income/low deposit/high repayments

    I assume that i could change from holiday mode to full time rental (or vice versa) at any time?  Would this be possible?

    Any advice would be greatly welcomed

    Offset account and IO would be the way to go. As you say when you buy a new house you just take the money in your offset account with you to the new one.

    The only time I wouldn't recommend this set up is if you are temped to spend money lying around in your account. But even then you should not have PI on an investment if you still have personal debt.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    DHCP wrote:
    Qlds007 wrote:

    I am sure DHCP 's Mortgage Choice Broker suits his requirements but remember they are a franchise and the level of competance will depend on the experience of the franchisee.

        It is a lot to do with the capacity of the applicant to service the loan…Banks won't lent you their money on the basis of your mortgage broker's competence BUT rather the capacity of the applicants to service the loan. But, your mortgage broker play an important part to get your the right loan that suits your requirements.

    Therefore, if you are unhappy with your current broker Te, be prepared to change your broker. Usually, broker has 12 or more banks on offer. BTW, your credit file don't get hit when a broker assess your servicesability…unlike you when you apply directly to a bank. Find the broker that is willing to assist you.

    Don't forget some brokers and bank staff have little idea about finance in general and business in particular. Some cannot read tax returns and they miss out many things which could be added back to the clients income and this may make all the difference.

    I remember when i was a broker I had a client who had been rejected by a westpac branch and yet I was able to get them a $500,000 loan with westpac.

    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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    I have recently been rereading some of the Kiyosaki books I have and I love the Cashflow Quadrant one. He has some great concepts and ways of explaining things.

    What he says is true. By his definition anything that puts money into your pocket is an asset. Anything that costs you money is a liability. A house costs you money so it would be a liability. But you need to live somewhere, so even though it is a liability doesn't necessarily mean it is bad. It would be better to be paying $500 per week for a house that increases in value than a car that decreases in value, eg.

    To get rich you just make sure your assets increase faster than your liabilities.

    As for the growth properties – if you kept buying cashflow positive properties you would probably get rich in the long run. These put money into your pockets (until the repair bills come anyway). The trouble is these properties generally are slow to increase in value – not always though. 

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    If you sell you will be up for a lot of fees: agent, CGT, legals, loan discharges etc

    And then a lot of fees on the new purchase: stamp duty, legals, loan fees etc.

    I would suggest you do the sums and then get out your crystal ball and see if any extra growth in melbourne will make up for these fees.

    (and if any money left over invest in a dictionary??)

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    midgo wrote:
    Hello

    We lived in our old home for 22 years from 1986 to 2008.

    We moved into our new home then and it is now our PPR.

    Our old home is now rented out and is income earning.

    If we sell our old home some time this year 2011 will we have to pay any CGT or are we exempt under the 6 year rule.

    As we have nominated our new home as our PPR and all our records now indicate this are we still able to use the 6 year rule for our old home?

    If so how do you nominate the old home as your PPR if you live in another home which has already been nominated as your current PPR for 2 years?

    Any information appreciated.

    From what you have written you could probably claim the CGT exemption on the sale of the old house. But your new home will not be CGT exempt during this period.

    There is no nomination needed. you just don't include it in your tax return. Check with your accountant.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    A bare trust is one where A owns for B. No discretion at all.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Paul

    I have a few books on options.

    Andrew Grey; lease option handbook
    Rossiter; Principles of Land Contracts and Options in Australia
    Farrands, Donald: The Law of Options and Other Pre-emptive Rights

    I have another one called, I think, The Laws of Options in Australia, which I can't find.

    These are expensive books, but a hell of a lot cheaper than a seminar.

    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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    I agree with APerry. Trusts would not affect servicing. If you can afford in your name then you can afford the loan in the trust – nothing changes, same incomes are used.

    It may also be worth considering selling the IP and paying down personal debt. Do some sums.

    If buying in your own names and transferring to a trust later on = stamp duty + CGT + loss of asset protection.

    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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    The biggest advantage is that the banks only have their own products where as brokers will have many different lenders.

    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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    Sounds like it could be one of those expensive properties with an expensive loan so be careful. Don't trust them without doing your own independent research.

    Your explanation is confusing too – and doesn't make sense. How can you pay a loan repayment into a LOC? Maybe you mean pay the interest on the investment loan from your LOC? if so, this can be a very good strategy, but the ATO has denied deductibility on some of these schemes, so you must set it up carefully and should consider seeking a private ruling before hand. Don't do it without the go ahead from a tax advisor first ( a licenced one too!)

    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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    Also claim loan costs and travel  – to and from property, accountant, post office (maybe).

    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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    You could chose to claim an exemption in full, under s118-145 of the ITAA 1997
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    (but the new house will not be CGT exempt during this period)

    or

    apportion the gain over the period rented, s118-185
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.185.html

    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

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