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  • Profile photo of TerrywTerryw
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    @terryw
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    Sammmeee, check with your accountant as  this fee may be deductible if your purpose in refnancing is to set up for investing. It is still a large amount though, but it may be worth considering if you can do things properly and invest further.

    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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    @terryw
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    You should probably talk to your accountant, but i would think option 2 to be the easiest – subject to you disclosing the purpose to the bank. make a diary note that you have told the banker this in case something happens in the future.

    You might need a simple loan agreement as evidence to the ATO – but it is unlikely they will be too fussy on something like this between spouses.

    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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    @terryw
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    I agree that you should get an account – but you could try to estimate it yourself. Accountants will hopefully find you  more to claim and do it correctly.

    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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    If the title is in two names I wouldn't bother with the guarantee, but get the loan in both. you can then on lend the money to the wife or to her company. same rate as you are charged by the bank. Net result is the wife or her company can claim the interest.

    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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    Line of Credit
    Australian Property Investor magazine – from any newsagent.

    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
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    @terryw
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    Thats what you get for going with a non-bank lender – trouble.

    You seem to be pretty much stuck, you also want to make sure that you don't dig yourself into a deeper hole with them.

    You will need to set up a separate loan on that property, preferably a LOC. Take money from this and use it for deposit for the IP. Borrow the rest from another lender.

    Changing your existing home to a LOC won't help I am afraid – you will be worse off with tax. You need two separate loans.

    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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    Banker, yes i agree in that case – but if just one on title there is no sense in adding another name to the loan as this will entail giving a guarantee and needlessly doubling risk

    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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    @terryw
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    Sounds confusing

    If you have funds in an offset account – ie a separate account, then there are no real consequences when taking money out as it was never paid into a loan. The interest will increase, but should be still deductible.

    For the other matter, the ATO don't care about  the explanation. They will look at the funds and where they went. If you took money from a loan then these are borrowed funds. If you borrowed some more funds and paid back into the loan you borrowed from then you are really just refinancing that loan so the interest should be deductible.

    Where you will have a problem is that you had one big loan, not split, so when you repay that deposit borrowed temporarily you cannot just plonk the funds on the deposit portion, but the deposit must go to the loan in proportion to the borrowings. hard to explain, let me do an example.

    Your loan is $90,000 and you take $10,000 for a deposit temporarily. your total loan is $100,000 and it is just one account and one loan number.
    90% is personal and 10% investment. So you should be able to claim 10% of the interest.

    You then set up your LOC and decide to repay the 10% borrowed temporarily from the home loan with money from the LOC. Because the loan is one account that $10,000 must be attributed in the portions above. ie only 10$ of the loan can go to the investment portion because the investment portion is only 10% of total loan. Same with each subsequent deposit.

    So what you are creating is a nightmare! sorry to say!!! It will be very hard to manage the workings out at tax time. The $10,000 borrowed from the LOC will only be 10% deductible etc. After a few months this will be very hard to work out.

    Not sure what you can do to rectify it as it has already been done.

    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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    Yep.

    Crossed collateralised means there is more than one property being used as collateral.

    So if you had property A securing loan 1 and then get a LOC Loan 2 on the extra equity in Property A. Then you go out and find property B, borrow 80% of this with a bank, loan 3. This loan would only be secured by property B. The 20% deposit would come from loan 2, the LOC. So each property would be stand alone and not crossed.

    But you have to be careful as some bankers will put down property A as additional security for loan 3. Some won't even ask they will just do it and then you get the documents with settlement due in days time and its too late to change often. So you need to be careful when applying and specify which property will be used as security for which loan.

    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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    @terryw
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    bouncecf – the last post before your's was 7 years ago! You have dug up an old thread.

    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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    Best to avoid guarantees i think. This only doubles the risk and reduces borrowing capacity.

    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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    As a former broker I was recently approached by a friend. He had been pre-approved for a loan with a certain bank, thru the broker. Then he was somehow contacted by the bank direct and offered an extra 0.15% discount if he went direct. This would result in about $1000 in savings pa and he wanted to know how he could tell the broker he was not going ahead.

    There are some people out there who approach brokers, get all the free advise on structuring their loans and then they jsut go to a refund broker tell them the loan they want and then get some money back – the poor broker gets nothing.

    Then there are the clawbacks – these are severe. If someone uses less than 75% of their LOC, the broker may be forced to repay all the commission they received for settting it up.

    I would suggest brokers charge a small fee upfront, maybe around $500 to prevent refund clients abusing their services and to stop tyre kickers.

    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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    @terryw
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    hi Amsaini

    Its not wrong to do that, but it is less than ideal.

    The problem will arise when you take that money out of the loan. You will have one big loan with part investment and part personal. If the loan were interest only then it would be easy to calculate the interest. But if it is PI then each repayment you make will need to be aportioned between the investment portion and the personal portion. You can't just chose to repay the personal portion first because it is one big loan. Its like mixing coke and water in the same glass and then saying you will just drink the water portion first. every sip would be taking a bit of each. If you pay down the investment portion you are losing tax deductions = paying more tax.

    If you had an offset account then the same thing would happen. You would be saving interest on an investment loan at the expense of the personal.

    So I would suggest you not redraw that money, but to increase the investment portion when you need  to, or set up a separate account. I would personally use a LOC as it is easy to withdraw money when you need it and they come with a cheque book.

    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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    You might have a binding contract, but nothing is 100% sure until you have the cash in your bank account. If the sale doesn't go through you will still need to pay the solicitor for their work done, but you may be able to claim this from the purchaser in addition to keeping the deposit.

    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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    What they have said is correct, but not totally true in regards to having the same benefits.

    I guess no harm will come if you never intend to move out and rent the place – what ever you do, don't use this method with an investment property or you could end up with a large loan but not able to claim any of the interest.

    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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    whoa – beware!!! The redraw is totally different from the offset account. Some lenders say they are the same but there are serious tax consequences. This may not make a difference immediately, but if you were to ever move out of your current house to rent it you may, or will, pay more tax.

    Basically when you deposit money into a loan it is a repayment. When you take it out again it is new borrowings. Having an offset avoids this problem.

    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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    Why pay rent into the LOC – have it paid directly into your 100% offset account attached to your home loan. Save non deductible interest first or you will end up paying more tax.

    Best to try to limit your LVR to 80% I think. any higher is very risky, especially these days. If you do want to go higher you can set up a LOC on each property. If you keep crossing it will only get messier and harder to unravel later on.

    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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    @terryw
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    You will both be jointly onlending the money to your wife.

    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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    @terryw
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    The LOC method is an excellent approach. Why use your cash for investment expenses when you could be using this to pay down your home loan and saving non deductible debt.

    But you will need to be careful how you set this up, especially if you are paying interest by borrowing from a LOC. If you don't take care you could be entering a scheme with the dominant purpose of saving tax – and the ATO could disallow it under part IVA of the tax act.

    Do a search for Hart's case. Hart v FCT.

    As for cross collateralising loans – I think you should avoid it. Look at your mortgage documents and see if the security listed is one property or two. if it is two then = crossed.

    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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    Bankwest just sent a notice around saying they were increasing their LVRs from 85% back to 90% for new clients. ANZ also recently increased their LVRS too I think.

    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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