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  • Profile photo of TerrywTerryw
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    @terryw
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    yes. They will have to pay tax here and this will depend on their status, type of income and if there is a double taxation agreement with their country of tax residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Yes, some banks, like NAB refuse to tell you what the valuation comes in at, but then say we can lend you a max of $XX which is 80% of the valuation.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, the purpose will influence the value. Valuers need to be conservative when dealing with banks as they will have more likelihood of getting sued down the track. It is normal for their to be an extra fee to get it reassigned to the bank.

    But it is strange that your bank is asking you to order it yourself.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    You won't get an offset account in a name different to the loan so you would have to get the owner to offer an account in their name as trustee for the tenant – but even then it will benefit the owner and not the tenant.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    You also want to be careful about putting all your eggs in the property basket. What about some shares with super?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Using a trust could be worth looking into, but it won't affect borrowing capacity or overcapitalising.

    91% LVR is very high and risky. I would suggest you try to build up a cash buffer in a 100% offset account in case of emergency. Keep saving and wait for growth to kick in. It will be slow at first but hang in there.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    PaperChaser wrote:
    Hi all, I've been getting all excited about building a big portfolio so I can retire early, and then I get to the point where I realise I don't have a retirement strategy and my delusions of grandeur are nipped in the bud. Just hoping anyone can critique mine or tell me if it's possible, or if anyone wants to share theirs feel free….. My goal is to have 10 IPs in 5 yrs time and then retire (with my aggressive accumulation strategy, my portfolio will most likely still be negatively geared with total LVR about 70% LVR) Obviously repayments still need to be made on the loans and if I retire, I have no cashflow to pay them as my income no longer exists and the IPs are negatively geared. Apart from the obvious 'sell a few to pay down the other debts', are there any other alternatives? Is it possible to use an LOC to make the repayments on each of the 10 loans? My plan is to use an LOC to provide my income and make all the loan repayments, while at the same time, all 10 properties (hopefully) are going up in value far more than what I'm spending with the LOC. Your thoughts anyone……………

    You could do that in theory, but problems will arise in practice as it may be very hard to get a LOC if you do not have the income to support it and the interest on the LOC used for personal expenses may not be deductible.

    A variation is to use the equity to purchase shares a margin loan with a low LVR. You can then live on the dividends and capitalise the interest. There is a very good posting on somersoft forums by Keithj about this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    I don't think it will work. The title of the house is in the owner's name, and not the renters so any linked accounts must be in this name also. The owner could let the renter use their account, but any benefit would go to reducing the owners interest. They could give some sort of credit for this, but it would get messy. Also problems if the owner were to get into trouble and someone gets court judgments against them etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    You can still class a place as your main residence, even if absent. s118-145 ITAA
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    so depending on your circumstances you could class the old one as your main residence and sell it and pay no CGT. But if you did this your new one wouldn't be exempt.

    See also s118-185 ITAA for the method to calculate the partial exemption.
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.185.html

    and under s118-190 your cost base of the property is set to the value the date you moved out.
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.190.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    I don't pay much income tax at the moment. Pretty soon I will be returning to work as an employee, then I will have to do some rethinking.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    GST should be included in the price. If he doesn't pay the ATO that is up to him.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I am watching TV while reading this, so cannot concentrate enough to digest it all.

    But basically I couple can only have one main residence between them. Couple includes married and defacto.

    You can claim the main residence exemption from the date you move out of your main residence until it was sold, for up to 6 yrs, as long as you do not claim any other residence as you main residence at the same time. see s 118-145 ITAA 1936.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Cross collateralisation is just the use of two securities (collateral) for 1 loan. So you could by an investment property and use this and the PPOR as security.

    The trouble with this is if you try to sell your PPOR and your IP had dropped in value, then the lender would probably not release the security unless you reduced the IP loan.

    A way around this is to borrow some extra cash on the PPOR and then use this as deposit on the new IP. Both loans will be totally separate and can even be with different banks. The interest on the deposit borrowed against the PPOR should be deductible – and you should use a separate split loan to keep this separate from the non-deductible portion.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Ask if he thinks you should use a trust, and if so which type of trust.

    Then ask for his reasons why you should or shouldn't use one.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Yes, but it may be even worse than you think. CGT would probably apply as well as

    What has he done with the excess money borrowed? if he has used it for personal expenses then the interest on this portion borrowed will not be deductible.

    Furthermore, if he has used trust assets for personal expenses then he may have breached his various duties as trustee of the trust and/or possibly the Corporations Act if there is a company as trustee.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    I don't contribute to super at all.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Propertyboy, sounds like a bot of a mess you have got yourself in. You were claiming in another post that your parents were wanting to claim this as an investment property. Are you sure your name is on title? and is it you only?

    If they want proof of you making a payment (and I am not sure why they would want this), then you will need to show funds going from your or your lender to the person selling. The loan agreement will really only prove you borrowed the money and may not satisfy them.

    I would also suggest you try to deal with the OSR in writing, that way it is harder for them to brush you off and they need to be careful how they respond.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Divert other income into the trust to offset the loss – not always possible though.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    GOM, I don't understand??? I am only paying less than $200 per month from super. I am not salary sacrificing

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I have my insurance done thru the super so I don't have to pay out of pocket.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 7,361 through 7,380 (of 16,328 total)