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its best not to go crazy, but one or two hits won't make much difference.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Actually, I think you may not need a valuation
see s118-185 ITAA 1997
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.185.htmlTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You had better discuss all this with your solicitor. correct answers will depend on the wording of the clauses. You may need to show them finance approval and just tell them you are rescinding the contract – but this will depend on the wording. However, your broker should be able to give you a copy of the ANZ finance declined fax if necessary.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yep, IO is great and not paying down the loan is great. You could use a savings account for spare cash, but it would be so much better with the offset. Maybe you should see a broker and see if there are any other options out there. I wouldn't worry too much about the hits on your ccredit file.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Paying down principle means you are locking your cash up. What if you decided you wanted to buy a PPOR down the track? all your cash would be in the investment loan so if you took it out to use as deposit it the interest on this would not be deductible.
I wouldn't use rams myself. It maybe ok if you get a cheap rate and have a loan with an offset account elsewhere and intend to stay there more than 5 years, but why bother? Why not just use a bank?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Tell them you are changing banks and see what happens. Ask for a pay out figure on all loans because you are changing to NAB.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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sounds like their planning is limited then – what if you don't want to buy the properties from their developers?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I don't think the are – unless you are in the business of investing in residential property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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tax. main residences are generally CGT exempt.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Firstly, RAMS is a non bank lender so you will have high exit fees and no offset account. These are major drawbacks!
IO is the way to go, especially if you will be moving out. Redraw shouldn't matter as you should not be paying down the loan if IO. Do you understand the tax implications of paying extra and then trying to withdraw later?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Thats not really a good reason to change title! You should be able to get the discount without that.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Capital costs are costs associate with the house/land and its purchase and includes the house itself, fixtures and fittings and legals and stamp duty associated with the purchase of these.
Borrowing costs would be application fees, LMI, registration of mortgage, stamp duty on the loan (now mostly abolished I think), stamp duty on LMI.
say you borrow $95,000 on a $100,000 purchase. LMI would be payable and probably application fees (maybe) and some of registration fees etc. You may end up borrowing $98,000 with $3,000 being extra for the borrowing costs.
You would generally be able to claim the interest on the full $98,000.
But you could also claim the costs of the borrowing costs too. These are $3,000 divided over 5 years (or the term of the loan if shorter – eg you may sell or refinance). This would mean you have an extra $600 to claim each year for the first 5.Stamp duty is a capital cost so you cannot claim it against income, but when you sell and make a profit (or loss) it can be taken into account and claimed then. You could borrow the stamp duty and claim the interest on this too – generally. so in the above eg, you may borrow another $4,000 for stamp duty and have a total loan of $102,000 and the interest on this would be deductible. (you may be getting part of this loan from another LOC or using a second property as security).
In the ACT, and maybe NT too?? the land is lease hold so there it is a bit different there. You pay stamp duty on the lease to the government and can claim this against your income because it is not a capital cost. I haven't never purchased in Act so am not totally sure how this works.
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Amy
If you are using your own cash that means that you will have less cash in the offset on your home which will result in higher non deductible interest payments. (maybe your non deductible debt is fully paid off?).
Trusts can run at losses and do all the time. One of mine is running at a loss now. But they must keep paying the bills somehow and they can do this buy borrowing money from you or a bank or you or someone gifting them money. There are different implications for each in terms of tax and asset protection. Which way you go with depend on whether you have non deductible debt left and your situation generally.
I would suggest you just run the figures for each scenario in a excel spreadsheet and see how much using a trust will cost you initially compared to your own names. it will likely hold you back a bit in the early years so you have to weigh up if you can handle this and if it is worth doing. Then consider the long term benefits, both tax and non tax – maybe do scenarios what if you sold in 5 years, 10 years, 20yrs etc
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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i would disregard inflation for this sort of scenario as it will apply for any option you go with.
You should also consider that if you had $100,000 cash you should be using this to pay down your non-deductible home loan and then reborrowing it to invest. You will be be saving $x pa in interest and will also be able to get the other investments too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Also must factor in extra land tax in some instances.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Marriage is not really necessary (nor is any love or affection required) – if they are in a spousal relationship that would be enough to obtain the exemption in Vic. (assuming the property is in vic)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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saurin_83 wrote:Hi there,From Loan B I would user 60K as Deposit and 19.5K as other capital costs (stamp duty, morgage registration etc..) If I understand your advise correctly I will be able to claim this in next 5 years in tax (does it mean 79.5/5 = 15.9K each year)? so it means if I earned 80K for next 5 years then only tax I would be on the amount of 80-15.9 K for next 5 years. is this corerct?
hi
This part is not correct. Capital costs are not claimable until the property is sold. But you can claim loan costs over 5 years. any interest incurred on borrowings to fund capital costs or loan costs or other costs would generally be deductible against income each year.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If he wants 10% of the property, including growth etc, then he really wants ownership. He could do this in 2 ways (maybe more). 1 is to go on title as legal owner and 2 is for you to act as his trustee and own his share on behalf of himself. Both will have tax consequences and probably consequence for the loan as well. You really should see a lawyer to explain the consequences draw up an agreement. Its much more complex as he is a non resident too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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wafti123 wrote:Thanks guys, I was wondering that if you don't change your mailing address, how can you prove to the ATO that you were absent from your PPOR. It seems that there is nothing stopping someone from saying that they moved out for a short time to claim the CGT exemption while actually living in their PPOR. DanFor this it wouldn't really matter if you lived there and pretended you were absent as you would be be charged CGT anyway.
TD 51 outlines the definition of principle residence and lists the things that would be taken into consideration
http://law.ato.gov.au/atolaw/view.htm?locid=cgd/td51/nat/atoTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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wafti123 wrote:Why are these situations treated differently?The 6 year rule is only applicable when you are absent from your residence if you are just renting a few rooms out you are not absent so can't claim the exemption
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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