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  • Profile photo of TerrywTerryw
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    @terryw
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    Depreciation is an expense too (non cash expense)

    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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    If you move out of your main residence you can rent it and claim all costs as per normal – and still treat it as your main reisdence for CGT purposes in certain circumstances.

    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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    Whats a green book?
    What state are you in? or the property?

    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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    Its still a long way off, so why not wait it out a bit longer.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    I would be inclined to say do neither, unless you want to work in the industries.

    You would be better off just buying some books/internet and reading in the areas of interest.

    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 agree that it best to have separate companies.

    If the trust gets sued the trustee's personal assets and trust assets are at risk. If there are 2 trusts you may have to prove which assets belong to which trust. Remember the title is in the trustee's name so having 2 trustees would clearly distinguish between the 2 trusts.

    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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    Thanks Dan

    That is interesting, one trust with 2 separate trustees – which is essentially 2 trusts.

    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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    btw, Brett Davies lawyers are in Perth

    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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    Hi Dan

    Whats the diff between splitting and cloning?

    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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    try  brett davies lawyers http://www.taxlawyer.com.au or via lawcentral.com.au as they have written on this topic in their newsletters from time to time – you should be able to find back issues on law central too.

    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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    Their main worry is clients just saying they will invest, but instead will just blow the money when they get it.

    A way around it is to use a different lender, or to think of a genuine investment which can be easily cashed in easily.

    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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    Depends on the bank.

    Last week I asked one of the majors this exact question. They said it would be ok if going through a financial planner, but no if going and investing yourself! The trouble is fin planners would charge a fee to go through them.

    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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    99% don';t understand. But the good thing is you will be right for the next one.

    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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    Make sure you seek legal advice. I would get a loan agreement drawn up and a second mortgage maybe – to protect your interests if your mum is sued.

    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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    Why is it unfair?

    If I borrowed $10,000  to use for a holiday it wouldn't be deductible. Its the same thing.

    There was a way around it – you could have not paid money into the loan. You could have had an IO loan with a 100% offset and saved the same amount of interest. But you just didn't understand at the time. Most people don't. You will be right for the next one now.

    And there is a way around it anyway. You can slowly increase your loan and increase your deductions.

    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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    I am not sure what you are getting at.

    You will have 2 loans still, one for $792,000 and one for $250.000. If the first is an investment the interest on this should be deductible. same for the second.

    Or are you saying you will combine both loans into one $792k loan?
    This wouldn't make any difference, the only deductible part would be the $250k (assuming the new property is the PPOR). In fact this would be worse, because with each repayment part would have to come off your investment portion too. So you would be reducing your investment loan and missing out on more deductions.

    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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    Speed is important. It may be wise to try to have LOCs set up before the client eve starts looking.

    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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    If you get audited the ATO usually send out a letter first asking what the balances of loans are and if any money has been redrawn from the loan etc.

    The chances of getting audited as pretty slim, but it is still possible.

    The tax law says you cannot do what you want to do and claim a deduction. Whether you want to or should do it properly is a different matter,

    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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    eg. You have a $100,000 property with a $20,000 loan
    You buy IP 2 for $100,000 and borrow $110,000 using IP 1 and IP 2 as security.
    Bank has $200,000 loan to secure a debt of $130,000.

    If something goes wrong and repayments are not being met the bank can sell IP 1 or IP 2 or both

    If you structured it differently you can still get the same result.
    Loan 1 = $20,000
    Loan 2 = LOC = $60,000 with IP 1 as security

    Take money for deposit from loan 2 and buy IP 2
    Loan 2 $80,000. security = IP 2 alone.

    If you can't pay loan 2 the bank can start repossessing properties. But since only 1 has been used as security it can only take this one.
    If this is not enough to satisfy the debt the bank can take futher legal action and eventually get orders to sell IP 1, but by keeping the properties separate if buys the borrower time and flexibility – eg they could use some of the money from the LOC to keep bank 2 happy or they could chose to sell their house themselves and get a better price.

    Not sure I understand your point at 3.

    What I was thinking is something like this, which actually happened to someone I know:
    PPOR 1 value $100,000 borrows 90%
    IP 1 value $100,000 borrows 90%.

    He gets into financial difficulty and needs to sell an IP. Finds a buyer, but because the market has dropped he can only sell for $90,000. This is enough to pay out his $90,000 loan.

    But the other property has dropped too. It is now $90,000 and his loan is $90,000 so the bank will only release IP 1 if he can keep the PPOR loan at 90% LVR. So he has to come up with $9,000 to reduce this loan or he cannot sell IP1.

    This actually happened but the numbers were bigger. My mate had no money and had to come up with $40,000 and he had just had a heart attack. He ended up losing the sale and I think he declared bankruptcy.

    If he had the loans stand alone he could have just sold IP1 without worrying about the PPOR loan.

    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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    Why?

    What are you withdrawing the funds for? You must look at the purpose the funds are borrowed for.

    If you withdraw funds to deposit into a savings account and then use to pay down your new loan, then the interest wouldn't be deductible.

    If you withdraw funds to make a new carport on that property and that property later becomes an investment then the interest on the funds would probably be deductible when the place became an investment.

    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

Viewing 20 posts - 7,881 through 7,900 (of 16,328 total)