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Not much else you can do.
Seek some tax advice on generating a capital loss and the ability to keep claiming the interest on the loan after the property is gone.
If your other properties are mortgaged to the same bank you have the risk of all monies clauses whereby you would have pledged these as security for all loans with the bank.
Best to seek legal advice before doing anything.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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THe trouble you will face is that many if not most lenders will use the same mortgage insurer.
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
The bank won’t release the mortgage on the property unless what they are owed in full is paid. That will mean you can sell the property but won’t be able to settle unless you can either come up with the shortfall or convince them to lend you the money to pay them back.
Do you own any other assets?
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
Say your current PPOR loan is $250,000 and you have $150,000 in the offset and need $75,000.
This is what you would do:Split the current $250,000 loan into 2 portions
a) $175,000
b) $75,000Once split pay the $75,000 from the offset into loan b). Make sure your lender won’t close the loan though. You might have to leave $100 outstanding.
Then redraw the $75,000 and pay it directly to the property purchase – solicitors trust account etc.
–
If you don’t have time to do that then you will end up with a mixed purpose loan. Part of the loan will relate to the PPOR and part for the investment property so you will have to apportion the interest. This si no big deal, but it can become one if the loan is PI as each repayment will be reducing the deductible portion.
The ATO allows a mixed loan to be unmixed by refinancing and splitting. So you can do it later, but just do it quickly if the loan is PI.
BTW the B loan should ideally be Interest Only.
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
It is certainly worth considering. There may be arguments for and against fixing though.
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 your interest rate is 5% and you use the offset account money you will have to pay an extra $3,750 in interest per year and this would not be deducitble.
If you paid $75k off your main residence debt and reborrowed it you might pay the same interest but would now have an extra $3,750 in deductions each year. that might mean $1,800 extra in your pocket per year for many years to come.
Make sure you split the loan before you pay it down otherwise if you deposit and redraw you will have a mixed purpose 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
Hi Rickey,You wouldn’t be assessed for CGT on the new house until such times as you were about to sell it, and any CG Tax at that time would depend on “what else had happened between now and then”.
What are your plans for the OLD home though? Are you planning to sell it? It sounds like it might be CGT exempt based on your words – but I am not an adviser, so don’t take my answer as gospel. It also depends if it was your PPOR (Principal Place of Residence – or home) for the whole time since you bought it. If not, then there “might” be some CGT to pay when selling it, depending.
BennyNot enought informaton to answer, but possibly exempt. But the existing house would then be subject to CGT.
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
I think they should make things harder for those buying their second and subsequent properties. Tighter lending as well as land tax and perhaps scaling back the CGT and negative gearing benefits will help this. Increasing RBA interest rates will too, but this will hurt owner occupiers.
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
Yeah, I would suggest you put the funds in an offset account attached to the loan used to acquire the land as this interest is not deductible. Don’t pay off the loan just yet, just in case you change your mind.
Actually as you are living in the unit you could also put the money in an offset account on this loan while it is non income producing and then move the cash over to the other loan once you move in.
As neither loan interest is deductible atm, the loan with the highest interest should probably be offset for now.
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
Not a grey area Ethan.
Under the common law risk passes on the date of contract. This has been modified in a few states so that risk only passes at settlement. The contract is also relevant. I think in QLD the standard contract has the purchaser agreeing to wear the risk. So if you enter into a contract to buy a house and the house is flooded the vendor may be able to insist on settlement.
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
Corey is right. I have a mate who old me he was waiting for Sydney prices to drop before buying. That was about 20 years ago and he is still waiting.
One potential issue with the budget is the removal of the 50% CGT discount. This could come in from the date of the budget night (Just guessing here) so buying before then may help you (or may not) lock in the 50% CGT discount moving forward.
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
Don’t you think it would be a good idea to get some proper legal advice about this matter?
Time is ticking…
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 havent seen a solicitor yet, I have emailed a request to VCATmy conveyancer was shocked when she saw the photos though and didnt think that it was right.
Are you serious?
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 helped two separate Aussies who have purchased in Thailand and Indonesia.
Each had their property ‘stolen’ from them.
The guy in Thailand had a company set up to own the land, someone else forged signatures to transfer the shares in the company to someone else and the company then sold the land to an unsuspecting buyer. This guy has been going through the courts there to get his money back – over $1mil AUD – and has finally won, but it is still ongoing with the recovery of the money.
The guy in Indonesia had something done to him at settlement so that the property was never in his name. He also has been through the courts and finally won, but then had trouble enforcing the judgment. The person had rented it out to the mistress of the police chief etc etc. His legal fees and expenses have cost what he paid for the unit.
My advise would be to make money in Australia and then spend it overseas by renting.
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 does your solicitor advise?
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.
If you mean tax agent then they advise on commonwealth legislation.
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
Your should seek legal advice from a solicitor.
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
Ignore what the bank is suggesting they will make things worse.
You need to pay off the loan and reborrow.
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
My response still applies to this. Just pay it back into the loan and reborrow when investing.
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 am not sure I understand that.
have $53,000 been borrowed by slitting the $220k loan and into 2 with the $53k split being paid into an offset?
If so simply pay back hte $53k loan and reborrow again at the time you wish to invest. Pay directly from the loan account or set up a new offset account empty of funds add transfer the borrowed money there temporarily to pay out to the investment. Make sure paying the $53k back doesn’t close the loan. If it does you should pay it back less a small amount and then claim 99% of the interest.
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



