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  • Profile photo of TerrywTerryw
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    @terryw
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    The biggest problem I have seen is when one partner wants out. Plan for it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    hi Brad

    Yep that is pretty much it.

    You can try to reduce the use of the loan 2 as much as possible by borrowing 90 or 95% for the 2nd ip, but you will need some more equity to keep going. You can only get this in 2 ways  -capital growth or repaying the loan (make sure it is the non-deductible 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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    Not much you can do really. Did they put anything in writing? If so it may be a breach of the employment contract.

    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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    Always citically analyse the bank's suggestions cause they are usually not ideal.

    I would get a separate loan for $60,000 from the existing property. This should be IO (loan 2) and secured against your PPOR only. Since your other loan (loan 1) is fixed you may as well set up an offset against this loan. Move the offset to loan 1 as soon as possible.

    Loan 3 would also be interest only and secured against the new property.

    Do not pay the stamp duty from your own pocket as you will be doing yourself a disservice. Borrow it. If you have the cash for stamp duty pay it off loan 1 (your PPOR loan – if you can as it is a fixed loan maybe $10k will be the max without penalty). You want to reduce your non-deductible debt first and then borrow it by increasing loan 2.

    You want to be 105% financed for investment property while you still have a 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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    You had better ask your solicitor as if you get it wrong you could be locked in when you want to get out. Laws vary from state to state 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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    @terryw
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    There is no point in investing without capital growth. Repairs will eat all of your measly profits.

    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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    Maybe you should look at using a discretionary trust to own the property as there are more oppotunities to reduce tax.

    my take on the tax is this (haven't read the above)

    Profit = sales price – costs (costs include purchase price, stamp duty, agents fees and reno etc)

    Depending on how long you hold it there may be a 50% discount on this profit if it treated as a Capital Gain.

    This gain will go to the owners in proportion to their ownership.

    If you were to use a trust the profit could be distributed to a variety of family members, particularly those on lower incomes who will pay less tax. The benefiaries do not need to be determined until the end of the tax year and they can vary with the discretion of the trustee so each year the most effective people can be chosen.

    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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    Yes I think it is tresspassing if they are in your property without your permission. You should have done an inspection before settlement and refused to settle. It can be a pain to try to get them out if they refuse to move, so better try to keep on good terms.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    FHOG varies from state to state, but in NSW I think you must commence building within 6 months of exchange of contracts.

    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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    zac_moose wrote:
    So, in my case we will have about 180k io loan, with no offset account. so we would be better off just paying the min and then pumping any extra cash into some other avenue than paying it down?

    With your example above what if the you redraw 40k for an ip or other investment (not a boat)?

    Why not just get an offset?
    If you invest the cash elsewhere you will be doing yourself a disfavour. You will be paying tax on the interest received for starters as well as paying the home loan down slowly meaning more interest would be payable. If you are going to invest it would be better to pay the money into the loan and then redraw so your deductible debt is decreasing. When u redraw to invest the interest on this portion would be deductible – but this would be messy to work out at tax time.

    Tax deductibility of interest depends on what the funds are used for. And withdrawals from are loan are new borrowings, deposits into a loan are repayments. So if you withdraw from a loan to buy an investment (eg $40,000 of shares) the interest on this money reborrowed is deductible.

    But if you have one big loan you may need to aportion interest. eg. you may have a $100,000 home loan paid down to $60,000. You then buy $40,000 of shares so 40% is for investment and 60% for personal. So you could claim 40% of the interest.

    Things will get complicated though as if you may another repayment into the loan then you cannot chose for it all to go towards the non-deductible part. This is because it is one loan. eg you may a further $1000 deposit = 40% of this must come off the investment loan and 60% off the house loan. This is not ideal as you are reducing deductions. You want to reduce the non-deductible first. It also gets complicated with further deposits – especially when they are odd amounts.

    Ideally I would structure loans like this:
    1. IO loan with 100% offset
    2. LOC for any equity

    Pay all rent, wage, famil allowances etc into the offset. Use the LOC to pay for all investment expenses.
    After a while the offset will have a substantial balance. You then have to make a decision on what to do with it. I would wait until the LOC maxes out and then, depending on the circumstances, pay down the IO loan and set up another LOC for the same amount. Just using the money from the offset to invest is no good as you will not be able to claim the interest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    You shouldn't have any issues on using a split for the new loan. This is good practice if you need to aportion interest for eg.

    IO for PPOR loans is possible. Don't think banks have any issues with this

    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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    Redraw is totally different to IO+offset in terms of tax.

    Redraw should be avoided in most cases because of the potential tax problems.
    eg. You have a $100,000 loan and pay it down to $60,000 and then redraw $40,000 to buy a boat.
    You then move out of the house and keep it as an investment. Your total loan is $100,000 but the interest is only deductible on the $60,000 portion as you borrowed $40,000 for a boat (assuming not for business etc).

    If you had used the offset account option the interest on the full $100,000 would be deductible.

    If it is an owner occupied home and you never intend to move out it should be ok. But you never know what the future can bring, so why not use an IO loan with an offset?

    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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    and stamp duty, legals etc

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    what about the 30% deposit required?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    It is very hard to judge property in general at the moment. There may be many years of no growth or flat market, depending on the economy overall.

    It is even harder with a serviced apartment. Many factors will influence price. A major one is the attitude of lenders as if you can't get finance then it will be hard to sell.

    I think you are silly to buy a property that doesn't appreciate. There is no point. You might be better off by renting one and then investing the difference elsewhere.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    These days banks don't trust their clients with money. Usually a max of $10,000 is all they allow out without proof of where the money is spent. Often with ANZ a statutory declaration is all that is needed for small amounts, but if you tell them it is for renovations then they will ask for quotes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    could be ages with ANZ. maybe 7 days or so.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    If quotes were a condition then it will go back to the assessor for sign off once the quotes are supplied – but they shouldn't need to reassess it all again unless there is a  long time between asking and the supply of the quotes – or if your situation has changed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Yep. You just have to put a condition in the lease that allows you to sub-lease it out.

    Also need to be careful if you cannot settle or sell the option you may lose all the improvements you have added.

    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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    What about offering vendor finance for the ones you are trying to sell?. ie you offer to lend them the deposit.

    Eg. you want $100,000. But arrange it so they pay $80,000 now and you set up a loan for $20,000 where they repay you over x years.

    (of course it will only work if your loan is less than $80k)

    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

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