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  • Profile photo of TerrywTerryw
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    PeppersGhost wrote:
     1. Is this correct? 2. Are there any smart loopholes that you know about? 3. To access the Equity in the old home – do I have to sell it, then use the funds to buy a new IP? Thanks People

    1. Yes, correct
    2. Yes there are a few options
     a) sell it
     b) sell your half to your spouse, he/she borrows to buy and the interest on this portion will be deductible. No stamp duty in some States
    c) sell to a discretionary trust you control. Trustee borrows the loan and loan interest is fully deductible, but losses are trapped in the trust. Extra land tax may be payable in some states, NSW etc.
    d) set up a LOC on this property in addition to your original loan. Use the LOC to pay all expenses on the property including interest. This will increase your deductions and free up cash to divert into your new PPOR loan. This needs to be set up carefully so as to be acceptable to the ATO and you will need specialist advice.
    3. not necessarily.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Mark

    CC is a method of securing loans. It benefits the bank more than the borrower as the bank will usually get extra security.
    LOC is a loan product.

    What would have been preferable is for you to have got a loc on your property and used that as the 20% deposit and then borrowed the remaining 80% as a separate loan.

    You can fix things up now if the investment property has increased in value. All you need to do is to apply for a variation of security and release the PPOR from securing the investment. ING will need to do a new valuation on the investment and if the loan is 80% or less than this you should be ok.

    Then you should set up a LOC on the PPOR – same or different bank.

    Then get the new IP loan at 80% of the value – same or different bank

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    YoungInvestor wrote:
    Hi Rich,

    Do you ever advise having a seperate line of credit to pay the interest on the investment property loans? (Rather than paying it from the offset account against the PPOR)

    I am in the process at the moment of trying to work out whether this would be deductible, or if the ATO would smash me under Part 4A.

    You should get a private ruling, like this one
    http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/93707.htm

    otherwise it would be too dangerous.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It may benefit you, but only slightly as the costs claimable will need to be proportioned on how long you have owned the property during the financial year.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    My westpac manager can do them in a couple of days – depending if a formal valuation is needed or not

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    some good websites:
    http://www.lawcentral.com.au
    http://www.trustmagic.com.au
    http://www.taxlawyer.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    no

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No, thats not correct. It doesn't matter if the trustee is a company or an individual, the family law courts can still make orders for trust propertry

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Shares.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think car spaces are a waste of time and effort – but no personal experience in this area. Think of the opportunity cost – ie what you could have invested in instead.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    A LOC is totally different to a offset. They are used for different purposes. They can't be compared really.

    An LOC should only be used to access equity for further investing.

    A 100% offset account should be used for receiving all monies such as pays and rents. and this should be linked to the PPOR loan because it will reduce non-deductible interest.

    Some people use the LOC to receive all monies, but this is a serious mistake to do on an investment loan. It wouldn't be advisable for a non-deductible loan either.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    What happens to your return when the state governments puts up the levy on car part spaces – maybe to help reduce the number of cars being driven?

    What will happen if another couple of car park buildings pop up nearby?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Interest on money borrowed for business or investments is generally tax deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Dean Potter wrote:
    Hi guys,

    Would someone be able to explain what you mean about "splitting loans" ?

    Loan 1 $437,000
    Loan 2 (new split secured on PPOR) = $560k x 80% – $437k = $11,000 – Is this like an LOC on the the loan??  As in the $11,000 is available to draw down at any time? Or is it actually another loan?

    If someone could explain that would be great!

    Loan 3 $230k (IP 1)
    Loan 4 (new split secured on IP 1) = $370,000 x  80% – $230k = $66,000

    The $11,000 loan could be set up as a LOC or another IO loan with redraw. either way is fine.

    In practice $11,000 is not much, so it may not be worth setting up at this stage if it is not needed. Maybe best to wait for more equity

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Ok, Richard. I agree with that. Same at NAB too

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    hi RIchard

    I have put many a client to St G and never had a problem keeping the loans uncrossed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Positive gearing is good, but there is no point in buying something that has poor growth prospects. You need the capital gains to get rich.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes there is a difference between the 2. Different countries have different laws. I would be looking at using an NZ trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I agree, but just check the loan documents when they come to make sure the loan is only secured by 1 property – some banks try to slip in the other property as security when you are not looking.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You should be careful about borrowing money and putting it into an offset account and then investing it. The connection between the  borrowing and the investing can be broken and the tax deductibility denied in some cases, especially if it is mixed with other funds.

    A better way would be to use a LOC as the money is available but not used until needed and no interest until it is drawn out. interest rates can be higher, but it is much safer from a tax point of view.

    Another cheaper way would be to use a IO loan with free redraw and then borrow the money at settlement and redeposit it in the loan account until it is needed.

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