Forum Replies Created

Viewing 20 posts - 6,401 through 6,420 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Catalyst wrote:
    First stop paying down the principal. Keep putting extra into the offset account. That way it's your money to do with it what you want.

    You don't need to put your home on the line to invest. You have at least $50K. Paying down your mortgage will give you a sound sleep but will not move you any further on the investment path.

    You can use the offset account to pay deposit, legals etc. Take out a separate loan for an IP ( if that's your chosen investment strategy) for 80%. That way your PPOR is not secured against it.

    You need to do the figures to work out how a CF- property will affect your living standard.

    I have to disagree with Catalyst.

    If you were to take money from your offset to pay for investment expenses then the interest on your non deductible home loan would increase – but you couldn’t claim it. At the same time your investment loan would be lower, resulting loss of money by paying more tax.

    Having a IO loan with offset is good when you have plenty of equity. Then you could use a LOC and borrow for investing and keep the money in the offset.

    If you don’t have equity to do this it would be better to pay the money into the home loan and then reborrow it, as a separate split of course, and use that to invest.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Trusts don't pay tax (usually) what would happen, if it is discretionary, is the profit of $70,000 would be distributed to beneficiaries of the trust by the trustee. The money is then income/capital gains in the hands of the beneficiaries and they pay tax on it. Usually this is done with tax efficiency in mind with the low income earners of the family group getting the most so that less tax is paid. eg.. if you were an adult and not working you could get up to $16,000 pa with no tax payable

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Do you understand, from a tax POV,  you can't simply redraw the $50k and make your loan $100,000 with the $50k in the offset

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Does this include the 60% Low Doc? Do you know the story with NAB atm?

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You have created a new piece of land so GST would be applicable when you first sell it. It is the buyer that pays it to you and you remit it to the ATO.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    mplacidi wrote:
    Hello guys, I'm having the same problem my apartment cbd Melbourne has been evaluate 340k just last week, in 2007 it was evaluate 380k (very funny it went backwards), the apartment next door has been sold for 540k last week. so i tried to show the bank all the evidences ( about 10 sold apartments in the same building in the last 6 months), but what ever the evaluation company said the bank believes. Im filling out the forms to bring the evaluation firm to the VCAT (TRIBUNAL).
    What do you think? or do you have any other suggestion? IM VERY VERY UpSET  and also i paid ($220) for the evaluation but hired by the bank.
    Ciao for now ( I have 1.3 millions dollars in loans with the same bank…..no bloody respect)

    Why are you taking the valuation firm to VCAT?

    Just try another valuer. ask your bank and if they do not agree send a letter to their discharge section asking for a pay out figure as you are changing banks. If they still don't budge change banks.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Probably wants 9% or under with no app fees!

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    specialone wrote:

    Congrats Terry on 10,000 posts (must admit the 'Bloody hell' bit made me laugh thanks)

    I am off to see another broker (wed) after what has been said on this post thanks. 

    Terry you mentioned paying of my personal debt with my 30k would there be a problem, with this if I intend to rent out my ppor in a couple of years?

    Nick

    Thanks Nick

    I don't think I mentioned that paying $30k off personal debt would be a problem. If I did I might have to disagree with myself.

    Ideally you should pay down personal debt before investment – to save you tax. But if you were intending to rent the property out later then it may be best to hold onto your cash in an offset account instead. But this will depend on the situation as you may be able to pay down the personal debt now and reborrow more money to be used for an another investment.

    When you have low equity it may not be possible to do things ideally.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Qlds007 wrote:
    Reginald, i hate to say as a minor lender probably not going to find too many clients use them for their funding.

    In saying that probably the CEO of PMG will probably join tonight and tell me what a good outfit they are.

    Cheers

    Yours in Finance

    But he wouldn't do so under his own name…….

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    If you deposit money from a loan into a savings account it is no longer borrowed money, so you may not be able to claim the interest at all. Also sounds like you are just increasing a loan which can be dangerous if you are mixing a home loan with an investment.

    For this reason I would suggest a LOC.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Think about the future – what happens if you want to access equity?

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Just get a LOC on one of the existing properties and use this as deposit and borrow the rest from another bank. Best to use none of your cash

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Generally, you should only pay down investment debt after you have paid off all personal debt. This is because personal debt is not deductible but investment debt is. So if you were to pay PI on an investment loan while you had a home loan then you would be throwing money away by decreasing tax deductions. The extra repayments on the IP would be better spent paying down the home loan.

    There is also the issue that some people will move out of their main residence later on and rent it out and then buy a new place to live in. If you were to do this, ie pay down your home loan to a low amount, then you would not have cash availble for the new main residence purchase. The end result could be a high non deductible loan with a low deductible loan which would mean you are paying tax on your rent and non-claimable interest on your new home. The way around this, partially at least, is to use IO with an offset on your main loan. Do not pay it down, but save all money in the offset – which will save you the same interest.

    Since you never know what will happen in the future it may be a good idea to do this for your main residence loan now.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Be careful. Redraw is totally different from offset in terms of taxation. very dangerous to use a redraw without understanding.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    andrew.os wrote:

    Hmmm, sounds simple enough. However I have been told that if I take out a loan to buy ordinary units in the trust I can then claim the interest against net rent distributiions from the trust.   Given that the property is negatively geared I can then offset the loss against my own income. I have been told this will work with me as the borrower whilst the coy atf trust guarantors the loan and owns the property.

    Would this be workable with the ATO?

    Thanks Terry

    Yes, this would work (and i covered it in my post)

    But you must ask what is the point in doing 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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Ring em up or go into a branch and open an account.

    I would suggest you put the offset account on your PPOR loan if you have one. This will save you more money.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    brenty705 wrote:
    Hi

    I need some sersious help to get some information from tica and a agent i have emailed and called my old agent , they have not returned emails and they kept me on hold for 20 mins what can i do

    Call again. or go there.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes, or try to get some income flowing into the trust to absorb losses and save you tax.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    andrew.os wrote:
    Thanks for that Terry, makes sense!

    So a workable (and legal?) solution would be to buy property in a trust, take out a loan in my name, then essentially lend the money to the trust and the trust pays me back exactly what my repayments are?  I then claim this on my own tax return, the trust carries the loss if it cant pay back the repayments as I would? This way the difference in loan repayments/rent is paid by me but I claim the whole interest amount. Is this right or have I gotten side tracked here?

    Thanks heaps mate

    Not really – as that would not work.

    The ATO would not allow that if the trust was a discretionary trust. You would be borrowing money and 'investing' (vague term!) into a trust – but the trustee may not give you a return as the nature of a discretionary trust is that the trustee has discretion to whom distributions are made. So there would be no commercial senses in borrowing and investing in something which you may not get a return from.

    It would work with a unit trust as the trustee of a unit trust would give distributions in accordance with the units held. ie fixed entitlements. If you own 50% of the units you would be guaranteed 50% of the distributions. The trouble with a unit trust is it is fixed and therefore not flexible. You could have units owned by a discretionary trust, but then you would run into the same problem as above.

    Another option is for you to borrow money and lend that money to your discretionary trust. But that would not work either because you would need to charge the trust interest, otherwise you could not justify claiming a deduction yourself. And you couldn't charge less interest than you are borrowing at as there is no commercial point in doing that and the ATO would disallow it.

    If you borrow money and lend it at the same rate the net result is nil as they cancel each other out and the trust ends up with the deduction and a greater loss which you can't really use unless the trust has other income.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Just think of the trust as a separate person.

    1. If you buy a property and it is running at a loss how would you cover it? You would have to borrow more money or to use savings etc to cover the loss.

    2. If you borrow money for investment the interest would be deductible. same with the trust.
    If someone gifts money to someone else any interest on this money if it is borrowed wouldn't be deductible as there is no return. same with the trust.

    3 You are talking about the trust. The company is just the trustee and legal owner. it is the trust that will have the loss and it should be able to be carried forward. But you need to ask your accountant about making family trust elections if this is the case.

    4. Company can't but the trust can.

    5. the loss won't be paid back to the ATO as the trust hasn't borrowed from the ATO. Any income can be used to offset any accumulated losses.

    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 - 6,401 through 6,420 (of 16,328 total)