Forum Replies Created
- Terryw wrote:If you remind me i can give you the link to a private ruling and a tax ruling on these issues – I've saved the info on my other computer.
see TD 2008/27 which basically says capitalised interest retains its character.
http://law.ato.gov.au/atolaw/view.htm?docid=TXD/TD200827/NAT/ATO/00001Private rulings
PBR 78123
PBR 69725
PBR 93707
PBR 93035And, generally, TR 2000/2
Income tax: deductibility of interest on moneys drawn down under line of credit facilities and redraw facilities
http://law.ato.gov.au/atolaw/view.htm?docid=TXR/TR20002/NAT/ATO/00001Terryw | 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
If you remind me i can give you the link to a private ruling and a tax ruling on these issues – I've saved the info on my other computer.
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 possible if you set it up correctly. You could even possibly borrow to pay the interest 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
gcp wrote:Thanks Terry. Sound like the issue may be the intention of the use of the funds freed this way – it would have to be for income producing purposes.Another question. Would a family trust be a better option? Not sure how complex this is to set up and how the ATO would view this as per my original post?
Its not so much intention of the use of funds, but if it is being done solely to avoid tax. I think you could have a strong argument that it is for other reasons such as estate planning, freeing up funds for further investing etc.
A trust can be set up easily enough, but this will involved a whole new set of issues such as:
– losses trapped in the trust
– land tax etcTerryw | 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
If you use redraw it will not be good for tax reasons as your loan will be part investment and part personal – how would you pay down the personal bit first.
I think your best bet is to set up a separate split, interest only, and use that as 20% deposit and then borrow the rest as another 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
Sounds like you had better see your lawyer.
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 sounds like a scheme to avoid tax, so the ATO can apply Part IVA of the ITAA 1997 and disallow the deduction.
If you try to keep it commerical, then it may be more likely to get thru. As Dan mentioned, if the loan is unsecured, then it may be commerically justifiale to charge higher rates, possibily similar to what a credit card comapny would charge. This would increase your deductions and move income to the company, capping it at 30%. May work out well if there is a discretionary trust in there somewhere it may work out better 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
if the amount in the offset exceeds the loan you will not, usually, be getting paid interest, so it would be better to put the excess funds somewhere else to get a return on 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
You should always try to get that sort of thing in writing.
Was it you that asked in another post about getting access to the phone recordings? Maybe you should lodge a complaint with the bank ombudsman or the credit ombudsman.
The CRAA issue is not that bad as you will not have a declined listed, but just an enquiry. It will be there for 5 years, but it is so bad.
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 beleive that unless you are in the business of property investing, then you cannot claim the KMs against income, but they may be able to be claimed against any CG if you buy a property and later sell it – but probably only the Ks attributable to this 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
do a search at asic.gov.au to see if it is registered.
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 a search at asic.gov.au to see if it is registered.
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
Dr house
If you have paid off your home loan i assume you are using the LOC to access equity for investing.
Are you aware of the tax consequences of paying or depositing into the account?
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
Most will vary each month depending on how much is in the offset account. You are being charged only interest and this will reduce with money in the offset. One exception is st g which, in one of their accounts, takes the savings off the principle.
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
Really it is legal advice, but accountants can advise on legal issues in relation to taxation. If you get written advice then you should be safe.
It might be cheaper if you just lodge a request for a private ruling – or just do it yourself.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
Is this company or business australian? If so you could approach the dept of fair trading in your state with a complaint.
You can't dispute the payments with visa, as it really has nothing to do with them You signed up with a business and they are only processing the payments. any dispute you have is with the business.
There may be other legal actions you can take so it may be worth talking to a lawyer.
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
Is this company or business australian? If so you could approach the dept of fair trading in your state with a complaint.
You can't dispute the payments with visa, as it really has nothing to do with them You signed up with a business and they are only processing the payments. any dispute you have is with the business.
There may be other legal actions you can take so it may be worth talking to a lawyer.
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
gcp, i am not sure. You would probably be ok, but the ATO has powers under part IVA of the tax act (ITAA 1936, s77 onwards) to disallow deductions if it was a scheme to avoid tax. So you should legal advice before doing this.
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
Danviv
Yes it is possible for one trust to distribute to the other trust, subject to the deed. Who the Trustee is shouldn't matter.
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 should be pretty safe from the ATO as long as you are not transferring names for tax reasons. good to get a ruling
No stamp duty exemptions in NSW for this sort of transfer either.
It may work out cheaper and less hassle to just sell the property and buy another. You need to weigh up the tax savings v the costs of selling and buying.
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



