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I think your first place may qualify as your main residence still. you can be absent for up to 6 years and still be CGT exempt – but you will lose the exemption on the existing property during this time.
If your trust owns the property and if there is a loss than you cannot use this loss to reduce your personal income. The loss will just sit there, rolling over waiting for future income to offset it.
if u are going to sell to your trust the OSR may require a valuation for stamp duty purposes – you can tell the valuer what you are doing and it should come in a bit lower, but on the other hand you will also want a high val to release more equity, this will also reduce CGT in the future when your trust sells.
Unit trusts don't provide any asset protection as the units are property available to creditors. But you may be able to borrow to buy the units in the unit trust and personally claim the interest.
You have to consider the long term benefits of using discretionary trusts – reduced tax, asset protection and estate planning issues. But these days it will cost you more in the beginning.
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, probably. But make sure you set up a separate split for it. which you can do with St g.
In the future i wouldn't use a LOC for the main loan on an IP as there can be tax issues.
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
You could probably sell the first property now without CGT.
If you sell your house to your trust there is little in the way of asset protection, especially in the early years due to the clawback provisions of the Bankruptcy Act.
There is also little asset protection with trusts from spouses – even a leading QC barrister and trust expert, Dr Spry, lost a recent case to his ex-wife.
Other than this generally it is only discretionary trusts that provide any asset protection. If the trust owns the property then you cannot claim the tax (as it doesn't belong to you). The trust claims all costs. Also look at land tax issues – these vary from state to state, in NSW you would get no exemption in a trust.
Thats not right about the cash management account either.
I suggest you do some figures on a spreadsheet on selling to your trust. If you do you will release lots of equity which would help you save interest on the PPOR so it may still be worth it. Another option is to leave things as they are and get the next one in a 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
As a broker? why not try one from this forum? I am not longer brokering.
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 thats right. Some require no payment others min interest per month. If you don't pay interest is capitalised with the loan increasing.
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
You would still need to check serviceability as it depends on what other debts you have too. I suggest you see a broker.
For the LOC work it out like this. Value x 80% minus existing loans = max LOC. I would go for the max now. Then borrow 80% of the value of the ivnestment property separately. interest only. Use the LOC for deposits and only for investment expenses – don't pay anything into this except maybe the interest.
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
In addition to equity you will also need income to demonstate serviceability. Assuming you have that you could set up a LOC on your PPOR and go from there.
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 think you are slightly confused.
To get the LOC you will need to give the bank the property as security for the loan. But you could then get another LOC on the same property later if you wished. you just have to keep the LVR under the banks limit – usually 80% of the value.
The point is you could use the money from the LOC to pay the deposit and costs for the next property and then go to the same or a different bank and borrow the rest and keep each property separate from the others and the loans not crossed collateralised.
eg
Property A, value $100,000
Loan 1 $50,000
Loan 2 $30,000 (eg. LOC on the available equity)Go out and find property B value $100,000
Loan 3 $80,000The 20% deposit and stamp duty etc comes from Loan 2. Interest on this would normally be 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
one title 2 loans.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
1 would be preferable.
with 2 you are borrowing money to put into a savings account, not to invest. If you later take the money out and invest it could be argued that the money is not borrowed and therefore the interest not deductible.
Something similar happened in the case of Domjan. Domjan borrowed money and parked it in a savings account before investing it. Full interest deduction was denied, from memory, as she had not invested directly with the money.
If you do do it, make sure you get written advice from your accountant first – and never put any cash into the offset mixing it with borrowed funds.
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, same interest rate. but you avoid crossing the securities.
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 – you are just using the PPOR as security. The interest on the LOC will be for the loan for the deposit and costs of the IP.
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 bb8
It may pay to do some creative thinking on how you can get around the rules. I recall that the govt has provided funds so every GP can now employ a nurse. If you set up with your own provider number you may be able to get the funds for the nurse. Maybe you could team up with another dr so there are two of you in the same company – could be a bit risky though, but just as an example.
But good news about the service trust.
Thats true about lending money to a trust, or anyone. It is stil your money and only on loan. so if you go down your creditors will get hold of this money.
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
Do you mean borrow extra and put it in the offset until you use it?
I have done this myself, but wouldn't suggest you do it as you lose, or weaken, the link between borrowing money and investing it. If you were to place any other funds in the account your may break the link completely. Safer to use a LOC for the extra equity and the IO loan for the main part.
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
Generally, set up a LOC on the first and then use a 80% IO loan on the second.
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
You will need to apply for a variation of security.
Each loan will need to be no more than 80% of the value of the property securing it, or LMI would be payable. You may get around the problem with IP3 by setting up an addition loan on IP 1, such as a LOC, which is secured only by IP 1 and then using this to pay down the excess loan amount above 80% on IP3.
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
They are totally different products and should only be used for different purposes.
LOC should only be used to access equity.
An offset account is used to store funds and save you interest without paying down the loan.Never put a LOC on your home and have you wage go in and out and then take money for investing from it. It will be a tax nightmare and you will end up paying much more tax.
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
Tax deductibility depends on the purpose the borrowed funds are used for. Taking money from a loan account = borrowings.
So if you refinance the interest will only be deductible if the money is used for investments. If you set up a LOC to 80% of the value but deductibility will depend on what the money is used for.
If your loan starts off at say $300,000 and you pay it down to $100,000 and then decide to move out so refinance it to $300,000 again, the interest on the extra $200,000 will only be deductible if these funds are used for investments.
Whereas, if you had a $300,000 IO loan and put $200,000 in a 100% offset you will be paying the same interest but without the problems as if you remove the $200,000 from the offset the loan hasn't changed and the interest on the whole $300,000 will be deductible if the funds were used to purchase the house originally and the house changes to an investment property.
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
whatsupsupachicken wrote:Is the loc on the ppor or ip? I'm assuming ppor so you could use it for multiple investments? That sounds really good though!I think it should be on the PPOR if possible, but probably doesn't matter too much.
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
say you have loan on your home and a loan on your IP. Your IP is rented and you have equity in your home and the ability to service and qualify for a LOC.
What you could do, after careful structuring advice, is this:
1. Put all rent from the IP into your 100% offset account attached to your home loan.
2. Pay the interest on the IP loan with money borrowed from the LOC.
3. pay all other expenses associated with the IP by borrowing from the LOC.The result is this:
A. The interest on your home loan rapidly decreases because all rents are going into offset
B. Cash you would have used to pay rates etc is freed up to go in the offset resulting in even more interest savings on the PPOR loan.
C. Interest on your IP increases because you are borrowing to pay investment expenses.
D. C results in increased tax deductions
E. Get a tax variation so you save tax weekly and this will result in even more interest savings on your PPOR loan.Then repeat the process. The more investments you own the quicker you can pay off your PPOR.
You must be very careful how this is set up or 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



