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Another potential option is to sell to a discretionary trust – but there are many disadvantages to this too.
A 3rd option is to speak to a tax advisor about setting up a LOC and borrowing to pay interest on the old PPOR – this is ineffect capitalising the interest on the loan and will free up more cash to pay down your new PPOR faster.
Which state is your house in? If VIC stamp duty may be exempt on the transfer from both to 1 names.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Legislation doesn't specify how long see s 118-145 ITAA 1936.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I don't really no anything about it, but there was another thread here recently which described it as non-transactional and minimum balance requirements.
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
Any of the other major banks, ANZ, Westpact and NAB have good accounts.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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i would use an IO loan, especially if it will possibly become an investment. I hear that the CBA offset account ain't too hot.
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
Maybe an example will help.
eg You buy a house for $100,000 borrowing $100,000. You have an interest only loan. Later you move out and start renting it. The interest on the $100,000 is fully deductible as this $100,000 borrowed was used to purchase the house which is now income producing.
But, say you used a $100,000 LOC to buy the house. You then get wages and rents etc put in each month. say this is $10,000 to make it simple. You then take out $9,000 for expenses each month. net result is you are paying down the loan by $1000 each month – ignore interest for a min.
Now because you are repaying $10,000 each month you are reducing the amount of money attributable to the purchase of the house. Each $9,000 is new borrowings which cannot be attributed to the house. Think of them as separate loans for private expenses. The result is after 10 months you would have a $90,000 loan, but none of it was borrowed money attributable to the house so none of the interest is deductible.
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
forget about it altogether is my advice.
You can achieve the same interest savings with the 100% offset account – in fact you will get more savings as the rate will be lower.
You should put the rent into the offset account as this will save you additional interest. Use of the credit card will also save you interest as your mum will be in your account longer.
With a LOC it wont matter if you put the rent in or not, the affect of constant deposits will mean your potential deductibility is decreasing.
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 Woodie
I don't like using LOCs like you have described. I believe they should only be used for accessing equity for investments. Using a IO or PI loan with a 100% offset will have you the same interest and work out better.
LOCs are particularly dangerous for tax reasons. They are a loan, so evey deposit is a repayment and every withdrawal is new borrowings. You can get into a big mess is you were to use the LOC for daily transactions and then later move out of your house and rent it – You could have a huge loan with none of the being interest deductible.
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
Probably will only help a lot if you are spending mega bucks.
assuming you spent $2000 per month, at 7% the annual interest would be $140, so the daily interest would be about 38c, so having the $2000 in your offset account for an extra 10 days may only save you around $3.8 per month.
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 have one of those products with westpac, and i beleive there is no minimum balance requirement on the offset. I also use their card, altitude, which includes an AMEX card with double points (but not many accept amex these days). This gives me a lot of points which i mainly use to get gift vouchers which more than covers the annual fee.
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
That is a loan product, so slightly different. Repayments will probably stay the same until you ask them to recalculate it, or until there is a interest rate movement and they recalc then.
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 may be able to class damages under that section of the TPA if the goods supplied were of an merchantable quality.
Sale of Good Act is worth a look too
http://www.austlii.edu.au/au/legis/qld/consol_act/soga1896128/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 the exit fees, and the LMI requirements.
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
benno79 wrote:Dan,
I found myself in a very similar situation recently – I am also with St George.
I asked my broker to explain and they told me this:
"I/O payments are always based on the loan balance, regardless of the offset balance. Effectively this means when you have cash sitting in offset, the “interest only” payments that are automatically debited from the offset a/c will not change, instead they will actually repay a small portion of principal (that is, the portion that you have “saved”)"St George confusingly have 2 (or 3??) different offset accounts. There is one where they only take the savings off the interest each month. You might be able to switch over.
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
Trustees cannot get the grant, nor the CGT exemption.
Using a trust won't help your borrowing capacity unless you can avoid giving the personal guarantee.
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 will need to convey the title to her, so will need a solicitor or conveyancer. Stamp duty may be exempt in VIC. You will also need to re-apply and requalify for the loan. Legals $1000 approx plus loan discharge and app fees.
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
Touche wrote:Thanks for the suggestions Terry.
I've seen an Accountant from C & N, he suggested that I should use a trust (Hybrid trust) for asset protection purposes.
Hi Tina
Did they describe how a hybrid trust would provide asset protection? And what about the ability of getting finance for one? What about the recent tax rulings concerning hybrid trusts?
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
Have you got quatity survey reports done on both investments? This will maximise deductions.
Are both IP loans Interest only? so you can pay down the PPOR faster.
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
PaperChaser wrote:What if I set the LOC up while I still have an income, have the interest capitalised, and then retire?
Would the bank or the ATO find out somehow? and would they castrate me for doing it?btw thanks for all the suggestions, it makes me learn new concepts and ideas
The ATO will allow the claiming of capitalised interest if the original borrowings were for investment purposes, TD 2008/27, but if you are borrowing to living on then the interest won't be deductible – so live on your rents.
Bank wouldn't mind too much, although many LOC can be recalled at short notice.
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
eg. Don't know if this is still current:
Tax on dividend paid to a non-resident exempt from withholding tax as long as it is fully franked. Make yourself a non-resident and get dividend tax free. May still have to pay tax in your country of residence, but some countries foreign dividend income is tax free. Eg. Hong Kong.
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



