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  • Profile photo of TerrywTerryw
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    newdawn2001 wrote:
    "You would also want to slowly increase this loan by paying the interest on it by borrowing from LOC1. Place all spare cash into the offset account…." Terryw I don't really understand how this works?

    You use your cash, wages and rents to save you interest on your home loan. This is not deductible.

    Insteat of paying the interest and costs on your investment loan you borrow from a LOC.

    See a good tax advisor to set this up. It will save you thousands.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    newdawn2001 wrote:
    Do you think it is a problem keeping this all with the same bank? 

    Actually, you need specialist tax advice on what I am suggesting. You will end up saving considerable amounts of tax and the ATO could attack it as a scheme to minimise tax. For this reason having the two main loans at different banks would make your case stronger, ideally the LOC which you pay the interest on the IO loan should be at a different bank – but you have your equity in the investment property which will make this hard.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    newdawn2001 wrote:
    Thanks Terryw; I appreciate your experience and advise. Just a few questions. Loan C: Why LOC as opposed to IO with offset? I am under the impression that LOC has higher interest rate and the same flexibility can be achieved with IO with offset. Why do you suggest two LOC loans? Is it to keep separate expenses/ deposit / etc for IP1 – interest tax deductible and second LOC money for other Investment eg next IP? I was thinking three loans would be enough. Loan A: I agree consolidate existing split loan to IO with offset. Loan B: I agree set up new IO for IP1 which is stand alone using deposit from PPOR equity ie Loan C. Also as I have said above. ANZ said they are happy to structure it this way. Do you think it is a problem keeping this all with the same bank? Yes Richard – five loans with Breakfree. Would love to hear comments from anyone else on the forum, as always willing to learn more.
    newdawn2001 wrote:
    Thanks Terryw; I appreciate your experience and advise. Just a few questions. Loan C: Why LOC as opposed to IO with offset?

    See point 3. I wasn't very clear, but you should have an IO loan with a 100% offset account for the main loan.
    I suggest a LOC so you can borrow extra money. A LOC is very different to an io loan with offset. with an LOC you are borrowing money. With an IO/offset you are actually using your own money. They can work similar in some cases, but not all.

    newdawn2001 wrote:
    Why do you suggest two LOC loans?

    The second LOC will be used to access equity and use this as deposit on the new property when you find it. If you live in the new property the interest on this portion won't be deductible so you will need to keep it separate. Using a separate loan like this and then borrowing the remaining 80% will mean loans are not cross collateralised.

    You could also use an IO loan, but you need to make sure it has redraw. You borrow the money and put it back into the account and then redraw it when a loan is found. LOC just makes it easier. Ask for a discount if the rate is higher.

    newdawn2001 wrote:
    Why do you suggest two LOC loans?

    Because one will be used for the investment and one for the new main residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No, poor people benefit too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Since you won't be borrowing money to pay the bills then i don't think you will have any issues. Best to have all money going into an offset account and to pay direct from ther i think.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Not much you can do if you cannot demonstrate serviceability. Best to try different lenders as all of their servicing calculations differ

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    For tax, just treat everything at arms length and you should be ok. Consider if you were audited, could you justify rents etc.

    Legally the assets are not your's, they belong to all the beneficiairies of your trust. The trustee has a duty to act fairly towards all beneficiaries and shouldn't just favour you. So make sure the trustee can justify the decision to let you rent it and the rate charged.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There is less asset protection by having personal trustees. If the trustee is sued his or her personal assets are at risk. Also less flexibility with changing things – if you want to change trustees, then the title will need to be changed and theloan will need to be changed. There may be stamp duty consequences too. But it does give some asset protection and makes it easier to get a loan.

    Residential rents are GST free, so as long as you have residential property there should be no GST issues – unless you are building and selling.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you are using other property too, then you may get away from the LMI issue.
    There are other costs too as I mentioned.
    Lawyer
    Loan
    Govt charges
    CGT

    You will have to do some calculations and see if by changing it over and incurring these costs then how long will it take to recoup these costs. Then you have to work out if it is worth it.

    Also remember tot ake into account future costs such as selling in 5 years time with a $100,000 Capital Gain. If You don't think there will be capital growth then maybe you should conside whether to keep it at all.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Stamp duty will be nearly $7,000

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Here is the Duties Act WA s97

    Looks like the exemption is only for transfers between spouses for owner occupied properties.

    http://www.austlii.edu.au/au/legis/wa/consol_act/da200893/s97.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, stamp duty would probably apply from changing from JT tp JIC. You also want to change the % of ownership too. There may be an exemption between spouses. Look in the duties Act or ring up the Office of State Revenue and they should be able to tell you.

    At $456/$500 = 91% LVR. I think the LMI fee will be very large. They may give you a portion back on the LMI you paid if it was recent, but probably it was more than a year ago so I don't like your chances.

    All up the change will probably cost a fortune.

    This goes to show (others) the importance of seeking out good advice before buying property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    With married couples (or defacto) most banks allow one name on title and both names on the loan. So the loan shouldn't be an issue.

    However, transferring a property now will be complicated. BTW which state is the proeprty in? If in VIC then you may be able to do so without stamp duty, if elsewhere then you may have to pay stamp duty on the amount transferred based on market rates. This is likely to be many thousands of $$$.

    Then since you are selling your share to your husband there will be a CGT event. If you are on a low income the CGT may not be much, but this will depend on how big a gain is.

    You will also need to exit the loan and reapply again so there may be exit fees and app fees again – but your bank may waive these if you are lucky. But there are also govt charges such as discharge of mortgage, transfer etc a few hundred. I hope the LVR is above 80% of LMI may apply.

    You will probably need a lawyer or conveyancer too. $1000 est.

    On the plus side, the value has probably risen so your husabnd may be even able to borrow more to buy your share and this extra money released can go onto your home loan to save you interest as well as give him a higher tax return.

    But you also need to consider the long term issues. How long will you be on a low income and will all these costs justifiy the change. If you sell later on the CGT may be much more and will all go to a person already on a high income.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    ABN is irrelevant. As is name on title i beleive. The GST act states GST applies to new residential property. New is defined to include something substantially renovated as well as to a new construction. It is also considered new for up to 5 years after construction.

    You will need specialist advice as you may need to register for GST or you may not be able to claim GST on the costs incurred in construction.

    But, there may be ways around this, so you need advice.

    re the 2 years, that is not really correct. If  you are conducting it as a business then tax will apply – maybe income or maybe CGT. If you are just livng in a place as a home then you may get the main residence exemption. There is no minimum time requirement, but the more you do it the more likely it will come to the notice of the ATO.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you lived in the unit from day 1 and never rented it and didn't class another property as your main residence during this time, then it will probably be CGT free.

    Q2. Sounds like you are planning a profitable enterprise which may mean you will not qualify for a tax exemption at all.

    If you are not planning this, but it turns out that you end up selling, then it will be different.

    Firstly, it cannot count as your main residence until you move into it. So CGT would apply. If you were to move in yourself and then establish it as the main residence then you may find it CGT exempt.

    There is also GST to consider. If you build a new house and sell it within 5 years you may have to charge GST too.

    This is a complex area and you should seek proper advice before you sign the purchase contracts.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Have a look at the agreement you signed and see what it says. You may just have to give 14 days notice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Work Ur Money wrote:
    Thanks Terryw

    Just say cash builds up and you need to purchase a new family car. Would it be best to have that cash in the Offset a/c then?

    So for the interest sake rather then opening another a/c just to save for the new car where you could pay tax on the interest

    thanks

    Work Ur Money

    Yeah, just build the cash up in the offset so that it will save you interest. Keep it there as long as possible and then use it. When you take it out interest will increase, but it will work out better than saving in a separate savings account.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If there is any chance that the property will be rented out in the future then IO is best. Having an offset will help you save the same interest.

    The only time I would recommend PI is if you are tempted to spend cash if it builds up in your savings account.,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Lenders will see the guarantees on your personal credit file. They will also see all the companies in which you are a director and usually they will also do a credit check on these companies too – tho in may make it hard if you are a director of 100+ companies.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You must realise the difference between the too.

    With redraw you are taking money out of a loan = reborrowing. If you borrow money the deductibility of interest will depend on what it is used for.

    Offset = separate account linked to a loan. So you can avoid all these problems.

    I would suggest you use an IO loan with 100% offset account attached. Don't pay anything off the loan and put all rent and spare cash in the offset.

    When the trust property grows in value I suggest you set up a new split or a LOC on this property and use that as deposit for the next one etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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