Forum Replies Created
- bb8 wrote:
the other question is, given IO loans attract higher interest rates, is there any benefit in keeping the 1st loan on the existing personal property that's rented out as P+I? Am I allowed to just tax deduct the interest portion? the reason I ask is that down the track, we intend to keep the home and will have to move back after few years anyway to avoid CGT.
thanks
bb8I have not seen a lender that has higher rates for IO loans. Who are you with?
I would still have it IO and have an offset because you may find your circumstances change and you may not move back in. If you want PI then that is ok and the interest portion would be deductible.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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By increasing the loan you will be reborrowing money. What the money is used for will determine deductibility. If it isn't being used for investment purposes then no deductibility.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Ryan273 wrote:Terryw wrote:Well one partner is just buying out the second. So it will be just the same as buying a another property – you need to apply for the loan, bank assesses the applicant, does the valuation, gives the approval and then the solicitor changes the title. The only difference is negotiations between buyer and seller should be easier.So apart from solicitor fees, you would also have to pay all relevant banking fees – loan application etc? What about the existing loans which are in both co-owners names? Are there fees for transferring these across to one of the owners?
Also, if this is just like selling & buying another property does stamp duty apply? Is it true you don't have to pay stamp duty if a person is selling the house for compassionate reasons? ie Selling to family member to assist their financial situation?
You would have to pay bank fees and some govt charges like discharge of mortgages etc. Banks may waive their fees if you are staying so this is worth negotiating.
Stamp duty will depend on the State that the property is located in. Generally stamp duty will apply unless it is the main residence – except, i think in Vic, where spouses can transfer investment properties between themselves without stamp duty. No such thing as compassionate discounts I am afraid.
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
Sarah, you should read the full case.
see s32Q
http://www.austlii.edu.au/au/legis/vic/consol_act/da200093/s32q.html32Q. How duty is charged on transfer
(1) Duty on a transfer to which this Division applies is not charged in
respect of the transfer from the vendor to the transferee, but is charged
separately and distinctly on-
(a) the dutiable value of the option; and
(b) the dutiable value of the subsequent transaction by which the final
subsequent purchaser obtained the transfer right; and
(c) if there were any other subsequent transactions, the dutiable value of
each of those transactions.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
bb8
I would suggest you still see an tax advisor about structuring your business. It may be possible to set yourself up to get around the PSI rules. There are many medical practitioners doing this. You may be able to squeeze a service trust in there somewhere. The trust can provide administrative services for your business or maybe hold equipment and allow you use for a small fee.
But other than that the way you suggest above sounds good. If your trust has low interest, then it will be more likely be making a profit and then you won't have losses to worry about. Don't forget to factor in non cash deductions such as depreciation and loan costs.
Not sure what you mean about maximise the loan on the existing IP. remember you can't just increase the loan – the interest on the increase will only be deductible if it relates to investment use.
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 No. 8. I thought I would get a response out of you.
But also I was interested to know if people would be willing to pay upfront fees once commissions are abolished.
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, there are various rules to look at. especially the alienation of personal services income rule. Under some circumstances the ATO can deem income earned by a company or trust is actually the income of the person who does the work. Whether you can get around this will depend on your circumstances.
It doesn't really matter who is behind the trust so much as long as everything is done at arms length ie commercially justifiable.
You may be able to divert part of your income into the trust. Just enough to offset the loss maybe.
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
Sarah
Look at a recent Vic case Drouin Commercial Pty Ltd v Commissioner of State Revenue [2009] VCAT 1082
http://www.austlii.edu.au/au/cases/vic/VCAT/2009/1082.htmlsee the summary of it here
http://www.blakedawson.com/Templates/Publications/x_publication_content_page.aspx?id=56135That may give you some clues (I haven't read it)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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bb8
If you are at risk because of your job, then operating thru a separate company will limit your liability to some extent. It may also allow you to divert income into the trust with the losses so the income from the business can offset the losses. This will reduce your taxable income too.
However, the banks will view this as being self employed and would want to see financials, ideally for 2 years.
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
Hi Linar
Thanks for your post. I have heard conflicting info from lawyers regarding the ability to lodge caveats. I am stil convinced that for someone to lodge a caveat on someone else's property that person would need a equitable, or legal, interest in the property. eg. a spouse under family law act, a beneficiary of a trust, unregistered mortgage, agreement to charge the property etc.
in NSW, i think, the relevant legislation is the Real Property Act, 74F
http://www.austlii.edu.au/au/legis/nsw/consol_act/rpa1900178/s74f.htmlWhen you lend someone money and the agree for you to lodge a caveat they are essentially giving you a charge over their property. When you give someone a loan without an agreement for caveat there is no charge given and no interest will generally arise – so there would be no caveatable interest.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Put in a paper application? Or put down the date you acquired the land maybe
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
The legal entity doesn't matter for calculating stamp duty on the option.
An option to purchase in dutiable property, s 10 Duties Act 2000 (vic)
http://www.austlii.edu.au/au/legis/vic/consol_act/da200093/s10.htmlThe amount would be on the option fee.
A put call type agreement is one where you are in a binding agreement. The seller cannot exit because you have an option and you cannot exit because the seller has an option (the call) to lock you in. A normal option is different because you can back out – but the seller can't.
If you are entering into a put/call type agreement, then…
Look at Division 4, s 32P onwards, on the Duties Act 2000 (vic) for put call options
http://www.austlii.edu.au/au/legis/vic/consol_act/da200093/Looks like you will have to pay stamp duty as if you had entered the contract of sale and onsold 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
Some people actually sing papers allowing people to lodge a caveat if a bill isn't paid – solicitors and builders often do this. It may also depend on what the debt is for. eg. if you lend X $20,000 and X uses the money as deposit on the property, then you would have an equitable interest in that property.
Re the selling of property, this is not related to a caveat, but the satisying of a court judgment. If someone gets a judgment against someone else then they can proceed to sell their property, including real property, if they don't pay up. Even if the property has a mortgage over it it could be sold and the mortgage paid out, then the debt satisfied.
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 rates have dropped slightly. And you rents have probably risen a bit – but so too has interest rates.
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
Your welcome
I can't stand to see people lose money, or not save money, when a simple adjustment of how they structure their loans will save them.
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
Look up the Duties Act in the state you are buying and see if options are dutiable property. NSW has introduced new stamp duty rules on put/call options too where they are treated like buying a property outright. Before people used to enter into a put/call option agreement and then onsell the property with the stamp duty being based on the option fee – which was very low.
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
There are ownership issues with non citizens buying land in Indonesia. Do a google search and you will see how complex it is.
There are other issues too such as:
– Language – can you read contracts in Indonesian?
– Ripping off the foreigner – seems like foreigners will get charged extra for everything from cleaning to repairs ot electricity. This may be worse if you are not in the country to check
– corruption – like mopst poor countries corruption is rift with brobery a common and accepted practice. What happens when the mistress of a senior police officer moves into your unit and stops paying rent? (this happened to a friend of mine).
– decay – being a tropical area the buildings seem to decay faster and need painting etc more often
– borrowing. I doubt you would be able to borrow to buy into that project. So there is an opportunity cost of using your cash. You could make better returns in Australia.
– Tax. Tax issues can be complex as you will need to consider indonesian tax as well as Australia. That will mean much more in fees, and maybe difficulty in finding an accountant who knows both systems.
– guarantees – are essentially worthless.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
Thats almost a deposit ona small house!
Why not just learn here for free.
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
That sounds about right. Just don't use the redraw on loan 1.
Since your current home is going to be an investment you could borrow from Loan 2 now for paying all associated costs. Later on when you do rent it the interest should be deductible as you have incurred the interest in money borrowed for the property that is being rented..
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
What sort of job are you doing, and are there any vacanies?
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



