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Firstly, I would suggest you not believe anything a bank tells you without checking. They tend to be wrong!
I would suggest you set it up something similar to this:
1. LOC1 on the existing PPOR
2. LOC 2 on the existing PPOR
3. Change existing loan to IO for maximum period
4. Set up a new loan secured only on the new property. IO
5. Set up an offset account attached to loan 3.Since you are planning on moving out of the PPOR you would want to stop paying this off. 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.
When you find the new property borrow 80% as a stand alone loan and use the deposit from LOC2. This way the two properties are not cross secured and you can free up cash. If you move into the new property then attach the offset to the new loan (no 5).
You should be able to get up to 6 loans on the breakfree package.
Although tax deductibility doesn't depend who is on the loan it may still be a good idea to get the loan only in one name, if you can service, as this will help serviceability in the future.
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
No need to use an agent. Just draw up your own lease or use one of the standard forms. Make sure you are renting at market rates.
BTW you cannot claim the deductions – they trust can though. If you are running a business then you may be able to claim part of the rent as a deduction.
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
This is why it is a good idea to use a broker. A small mistake can cost thousands.
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 would come close to false and misleading advertising..
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
No. assmung you mean the offset is in the personal name. If the SMSF had a loan for a property and had its own offset account then it would be ok
The trustee would be breaching their fiduciary duties. There would also be legislative restrictions against 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
In the good old days you just purchased any old property and they would grow in value. These days it is much harder, but still possible.
One of my mates purchased a $480k property and has had an offer of $580k even before he has settled. Without doing a thing to 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
Doesn't sound like an offset to me. Sounds like a redraw.
You had better check with them whether it has a separate account number to the loan. If it doesn't then be careful because you could get into a tax mess if you were to treat it as an offset.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 work it out based on approx floor area. 66% of the house is being rented out.
A owns 50% – 16% is rented out
B owns 50% – 50% is rented outSo A should be able to get 16% of the income and claim 16% of the costs.
B 50%.Also beware of losing the CGT exemption.
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 suspect that so-called offset account is just a redraw facility. Is there a separate account for the offset, ie a separate loan number? If not then it would not be an offset.
If it is not an offset, then unfortunately you have paid down the loan and taking the money out would be new borrowings and therefore the interest would only be deductible if the money was used for investment purposes.
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
Get proper advice, but my opinion……..
Tax deductibility depends on the purpose the borrowed funds are used for.
Interest on money borrowed for the property should be deductible if the property is income producing.
So it should follow that if you borrow now to pay rates, do repairs or improvements for that property the interest on these borrowings would probably be deductible when you start renting it (or try to rent 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
I gave the reason not to join the two loans. If you mean cross collateralise the loans, then don't do this either.
Imagine you later decide you want to sell one, but the main loan for this one is secured by both properties. You will thereby need the banks permission to sell. They will need to do a valuation and reassess your loan. If the remaining property has dropped in value then they may require a cash payment to release the 2nd property. LVRs must be kept within limits. If you had stand alone loans this would not be a problem.
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 mean, if you purchased the house off your husband? Yes that would work. Because you could borrow to buy it and the interest would be deductible – but with little negative gearing benefits if you are on low incomes. Also probably have to pay stamp duty depending on which state the property is in (not in Vic possibly). solicitor and loan costs too.
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
see my answer to Zara's post. https://www.propertyinvesting.com/forums/getting-technical/finance/4332871?#comment-214928
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, by paying out the loan in full you will not be able to claim any interest on that property. Not even if you withdraw the money from the account because deductibility is determined by the use of the money.
The problem you have is the flat is in your husband's name and he is on a high income. So the rent (less deductions) will be added to his income and he will pay a high rate of tax. In addition you will have a high mortgage on the new property which you cannot claim the interest on.
It may work out better to sell the unit and then put the proceeds into the new house and then reborrow to buy another property later on.
Work out the cost of doing this v the cost of holding it and see how the figures compare.
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 wish the bank would service my loans. I have to pay them myself for some reason.
I am confused by your post, but if you buy a $300,000 property with a $300,000 loan and deposit $60,000 then you would probably have close to $60,000 equity – maybe more because equity = value less loan.
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 believe a property cannot be your main residence until you live in it. But I also recall reading something about "as soon as practical"…… not sure where now. There probably won't be much gain over the short period before you move in, so not much to worry about.
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
Villas would be counted. Land tax is payable on the land component only. Main residences are usually exempt and investment properties up to a certain value are exempt. I am not sure of the rules for WA, but in NSW there is no exemption for trusts.
eg. In NSW you owned a house worth $500,000 with a land value of $300,000 there would be no land tax payable, where is if this was held in a trust then 1.6% pa = $4800 would be payable every year. Huge impact.
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 guess you could do the conveyancing yourselves. You are basically buying off yourself so you wouldn't need to do the usual checks etc. Just a transfer.
Land tax will depend on which state the property is in. If NSW then 1.6% tax of the value of the land will be applied for trusts with no tax free threshold.
The bank must release the property as security or you will not be able to transfer title. One of the problems with cross collateralising. What you could do is to move the existing loans over to the property once the trust owns it. Then you have legal issues such as is the trustee acting in the best interests of the beneficiaries by allowing one beneficiary to use trust property to secure a loan.
Steps would be, roughly,
Get your trust deed stamped, ABN, TFN etc
Apply for finance as trustee for the trust.
Arrange the transfer document to be filled in.
Check with OSR if they need a valuation for stamp duty purposes, and then order if necessary
Arrange to have the loan discharged and substitution of security if necessary.
Work out payout figures, collect a deposit from your trust, pay stamp duty, notify council etc of change of ownershipTerryw | 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
Please get proper advice before you do that.
Firstly there will be little asset protection, especially in the early years, because of the clawback provisions of the bankruptcy act.
Land tax may also be payable where it otherwise wouldn't be. If you will continue to live in the house, then there are many legal implications involved as well as tax implications. And losses of the trust cannot be used to offset personal income.So, firstly I would see a lawyer. You will need them to do the conveyancing too. You will need to transfer from yourself to the trustees (even if still yourself), discharge loans and then reapply again. so you may be up for buy/sell conveyancing fees, loan exit and application fees, stamp duty and valuation fee (for stamp duty).
You will also lose the main residence CGT exemption.
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
Try this one http://www.sosmail.com.au/
They can even scan your mail for you.Maybe it is best to get a family member to get the mail and then only forward the essential ones.
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



