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What do you mean by separate number?
Each loan should only be secured by one property – is this what you mean?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If you have a non-working spouse it may also work out better if you put the money into a high interest account in the name of the non-working spouse so they will get income but no tax payable. do some sums to see if this will work out more than reducing the tax payable on the high income earner's negative gearing.
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 fret, just look at using a trust for the next ones. Besides asset protection Tax minimisation is the next most important benefit of a DT
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 Sharra
Its hard to decide these sorts of things. Sometimes it is worth keeping a bit longer in the hope of some gains, but it is costing you a fortune. Maybe you could work out what it will cost you over the next year and then estimate the gain over the next year, and see if the gain will be more than the cost. If not it may be better to sell.
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 would be suspicious too. How did they know you have properties in the area? Probably via a RP Data etc. So they may know a bit about you already.
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 think you need at least one property in your own name (per couple) to grab that CGT free status – this is the only asset you can get which will be CGT free and it should offer considerable growth over the long term. So not utilising this is a bit of a waste.
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
An offset account is just a savings account.
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
Demolishing and constructing on the land may also mean the lose of the pre-CGT status as it will be new property. So you had better check this too.
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 are seeking legal advice, so had better run this by a solicitor. If you get it wrong you could be locked into a binding contract when you don't want to be. Never let an agent insert a clause into a contract – legally they cannot anyway (at least in NSW).
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
Will also depend on whether your investment went up during the time it was an investment.
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
In that case it probably doesn't matter whether you pay into the loan and redraw again as your tax position would be the same.
It is probably best to go for the highest LVR low as possible and to minimise your cash.
Do you have any equity in the other property? maybe you could squeeze a bit 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
Do you have a PPOR loan? Any equity in that property?
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 will need at least 5% deposit and maybe 10% and have all the borrowing costs such as LMI as well as stamp duty etc. So all up you will need 10 to 15%.
The best way to proceed is to use no cash but to borrow from an existing property. If you have cash you should be paying this off the loan on your main residence first and then reborrowing it by setting up a separate loan split. If you have no equity and no cash, then you will need to wait till you do.
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
Deductibility depends on what the funds borrowed are used for.
You want to borrow money to use as a deposit on any owner occupied property. So the interest on this portion won't be deductible.
I also doubt you would be able to increase your loan to 95% because of the credit tightening.
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 IP must be on low rent for it to be neg geared – maybe that is after tax depreciation is taken into account.
I would suggest you make both loans IO with a 100% offset on your home loan.
Also talk to your tax advisor as you can set it up to increase your deductions and pay off your home sooner (or into the offset). You could also buy another IP and speed up the process.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
verbal agreements can be withdrawn.
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 also a good idea for the trustee to lodge a caveat on title too so help id the property as trust property
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
There is actually a huge different between buying in your own name and your name as trustee – it is just not reflected in the title deed. So if you did a search on someone you would not know if they held the property as trustee initially.
If the trustee were to change the new trustee's name must replace the old one on all legal documents and titles etc. if land was owned you would have to change the title at the land titles office – usually nominal stamp duty, like $100 or so, and they will want proof that it is owned as a trustee and the trust is still the same – if the trust changes, like adding a beneficiary, then they could deem the old trust as being replaced by the new and stamp duty payable again, + CGT, so you need to be careful.
You would also need to discharge and reapply for the loan again, new mortgage docs, guarantors etc.
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
Banks generally won't allow it. ANZ put an alert out many years ago threatening brokers with expulsion if they put thru such a 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
Yes you can run 2 loan applications at once. you may be charged if you don't proceed though if the bank orders valuations and does the paper work etc, so check.
You should also ask your solicitor about getting the extension.
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



