Forum Replies Created
One tax implication is CGT – but you are allowed to move out of your main residence and rent it for up to 6 years and keep it CGT free.
If you do move in together I would only pay them half of their rent 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
1. Tax benefits depend on the use of the property and not the security.
2. Yes. You could make some improvements and save more tax.
3. You would need a few different ones. IO for the investment, IO/PI for the main residence with a 100% offset account attached. An interest free credit card with points and a LOC for spare equity on the main residence.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 it will be a main residence there shouldn't be any CGT so sellingquick should save you interest. If it is an investment holding on for 12 months may save you CGT – so work out if the savings will be more than the holding costs.
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
Yes Paddy. You would be saving your deposits to enable u to spread them out more.
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 lender will lend to you without you demonstating you can repay the loan. In the past there have been court cases where it was determined the bank reclessly lent money to someone who coudn't afford it and the judgment was they didn't need to pay the loan. So lenders have a duty to make sure you can afford to repay the loan.
There are some small lenders who don't check incomes too hard. LVRs are 60 to 70% and rates are high – but they are unlikely to lend for small country towns.
Your best bet is with the major banks and limit the loans to 80% or less to avoid LMI (LMI won't approve small town lending, or maybe just 1 or 2). Try your best to increase incomes and rent and you will get there.
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
shahabr wrote:they are safer as the bank wont be able to touch you if something goes wrongThis is not correct at all. All lenders would require a personal guarantee. So if something goes wrong both the trust property and personal property of the guarantor will be at risk.
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 Wayne
I can see where you are coming from, but imagine if you could, for example, get one of your builder mates to build a house for you with you doing the roofing etc and then selling it for a $50k profit. Surely that would beat earning $50 pw from a cashflow property that doesn't increase in value – and then what happens to your cashflow when rates rise or the hot water system needs replacing!
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
waynel2 wrote:Hi Guys,Thanks for your detailed responses. Great to hear that loans with 80% LVR are available.
TerryW – what you are saying seems to make a lot of sense. I guess this is what Richard has touched on by saying to avoid "cross collateralisation". If I structure it how you've mentioned then this would be easy for me to sell my PPOR and not have to re-organise my loans:)
Yes, we would be selling are PPOR when we upgrade.
In regards to your comment "Country towns are generally no good for investing" – would you say that they are good for high yields, though not good for CG? As my strategy is all about generating a cash flow I don't see how I'm going to be able to generate the required yields in the metro area. I would like to be proven wrong though I've found it very hard to locate deals that can provide me with high yields in Perth metro.
Once again – thanks for your replies, all making sense now:)
Rgds
Wayne
Yep, I would avoid cross x altogether as it serves no purpose.
I don't like country towns because of the lower growth – though this is not always the case. Without capital growth I see no point in investing even if you are getting ahigher yield.
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
Maybe up to a $1000 extra. I think there are some solicitors that advertise their specialty in this area. Perhaps the Law Society could point you in the direction of one.
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 old system title and will be costly to do the conveyancing. It is complicated and not many lawyers these days will have experience doing it – although it is still taught in law school. Basically a good root of title has to be show. ie the current owner has to show evidence of the transmission of the land back for about 80 years.
It will probably be converted to torrens title when you regsiter the transfer but I am not sure of how this is done or the costs involved. I would suggest you look for a lawyer who had qualified many years ago.
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
Thats the problem when using a conveyancer.. He needs to get some legal advice 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
Using your PPOR as security for the IP would not be a good idea even for a short period. It is not necessary as you have equity which you could use for a new LOC.
For subsequent properties you could use the deposits from LOC 2 and get stand alone loans. After a while you can revalue each property and increase the loan and repay the LOC the initial money you borrowed.
No reason to keep your LVR to 60% unless you just want to use Low Docs. If you have tax returns I would start off on 80% LVR loans.
You need to carefully plan ahead with the loans so that when you do hit the servicing wall you can then go to a lender and use Low Docs.
LVR = loan divided by value.
If you are going to upgrade the PPOR are you going to sell the existing one? If not maybe a strategy to save you tax is worth implementing now.
Country towns are generally no good for investing. You may find it hard to get revalues and little or no growth. Banks will not like getting too many in the one town.
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
As a guide you can get roughly 5 to 6 times your annual income in borrowing capacity.
Over time rents will rise and wages will rise (but so will prices!) and this should help you get into a few more.
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
Firstly, having a trust won't help with your borrowing ability.
Secondly, don't base tax advice on what an unqualified mortgage broker tells you. If you want to know what structure to use it is best to talk to a tax agent or a accountant or a lawyer before you buy. once you buy it is too late.
Each property you get will reduce your borrowing capacity. But over time your wage will rise, and rents will rise to you may be able to squeeze a few more above what you have been advised now. Probably the biggest limiting factor will be the deposits rather than your incomes.
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 don't think you have much of a case it if was declared on the contract you signed.
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 could be claimable outright then, better check with your tax agent.
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 seriously look at using a discretionary trust. Many issues to consider 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
Yes, it would work out exactly the same from an interest point of view. So it wouldn't really matter if it went into the offset first or into the loan first, the interest would still be the same assuming you leaving in the offset during this time. You would set up the direct debit from the offset into the loan.
There are probably 2 main reasons why you wouldn't put it straight into the loan.
1. The amount of rent will vary each month and in some months may not be enough to cover the loan.2. Any money you place into a loan is a repayment. When you take it out (ie use redraw) it will be new borrowings. The interest on the new borrowings will only be deductible if the money is borrowed for investment purposes. So you should never put extra into a loan as it will cause tax problems if you want to tax it out.
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
A repair is bringing the item up to the same quality as it was when you purchased it. An improvement is something which is more – ie brings it up to a better condition.
This could be a repair if you replace the fence with the same materials as it is now. eg a wooden pailing fence being replaced with a wooden pailing fence = repair, but a colourbond fence = improvement.
If it is a repair it could possibly be claimed up from.
If it is an improvement then you can always claim depreciation over a number of years.
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 you borrow money it is the purpose that determines deductibility.
So if you use a loan from overseas and a loan from Australia and the property purchased becomes an investment property, then interest on both loans should be 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



