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  • Profile photo of TerrywTerryw
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    @terryw
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    Hi Anthony

    Please seek legal advice as you have just possibly committed an offence against the Corporations Act 2001 unless you have a managed investment scheme registered with ASIC.

    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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    yep. I think IO for all loans is the way to go. You can always pay extra if you want to, but have the flexibility not to.

    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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    nothing if you are on the package.

    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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    A LOC is a separate loan – but be aware it has a higher interest rate. You may be able to get away with a standard loan, IO.

    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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    Maybe the problem is that you went to a broker from a big mortgage company – an employee doing a job?

    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 you split you can also have the investment loan IO and the home loan PI. This will not be possible with a combined loan – and you wouldn't want to pay down an investment loan while you have a home loan outstanding or you would be losing tax avings

    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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    You would usually be paying down the principle on your PPOR loan first. Best to pay non deductible debt instead of deductible debt.

    Even if you pay off your home loan it is still a good idea to use IO loans. The repayments are less, meaning you can afford more properties.

    you can also use a IO loan with a 100% offset account attached so you can pay extra into the offset and save the same amount of interest as if paying PI and still have the cash available if needed.

    Equity will build as values increase and your extra payments in the offset will be available too.

    IO loans usually last 5 or 10 years max and then the loan reverts to PI. As time goes on rents increase so after this period the rent may be enough to cover the increased repayments.

    Also consider, if you keep rolling the loan over to IO again that it may not matter too much if you ever pay the loan out. eg. imagine if you purchased a house in Sydney in 1960 and used a IO loan. The place may have been around $20,000 and if you still have a loan of $20,000 today it would be insignificant – you could probably pay it off with one years' rent.

    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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    Xodiac wrote:
    Hi all,

    I have an investment property worth about 250k with a loan of 90k. I also have a PPOR with a loan of 240k. What I want to know is if I refinance my IP so I owe 200k on it and reduce the loan on the PPOR by the difference so it would be 130k, will I create tax issues for myself?

    It seems like a good way to make more of my repayments tax deductible which is why I'm thinking the ATO would have something to say on this.

    What you would be doing if you did this is borrow $110,000 extra to pay down the home loan. If you did this the interest wouldn;t be deductible.

    You should look at setting up a LOC on the IP and borrowing money to pay expenses and interest on this and use your freed up money to pay down the PPOR loan – seek advice from an accountant or tax lawyer first.

    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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    Nothing really changes in terms of tax.

    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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    Your loan was paid down to $75,000. When you rent it out the interest on this should be deductible.
    You withdrew $150,000 – the interest on this won't be deductibe. (there is no interest while it is sitting in the offset, but when you take it out the interest will only be deductible if it is used for investment or business.)

    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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    Land tax is a state duty, in NSW it is administerd by the Office of State Revenue. Income Tax is a commonweatlh levy and is administered by the ATO. Each will have it own rules which may mean definitions differ.

    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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    Don't forget land tax is only on the land value too. I am not sure how the OSR treats absences from main residences for land tax purposes, but it will be different to the ATO.

    I think it is a good idea to live in a place initially as you will have the option of claiming it as your main residence. Sometimes your intentions change, or you may suddenly need some money etc and have to sell so best to plan ahead just in case.

    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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    Sammyh wrote:
    There is definitely merit in this idea! 
    the main thing you have to keep in mind though is that you have to keep on renting.  As soon as you purchase another property that you choose to live in your situation changes.

    Not necessarily. You can live in the new house and still claim the old one as the main residence (but you won't be able to claim both). The good thing about it is you can leave decided which one is going to be your main residence (and CGT exempt) until much later.

    And, you can even claim 2 houses as a main residence for a period of up to 6 months. s118.140 ITAA 1997

    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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    Suchy wrote:
    Im not entirely sure but i believe you have to live in the property for a minimum of 12 months not 6 months before it is CGT exempt 

    Can you back up this claim? I have never heard of anything like this.

    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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    better check with a tax advisor, i can find nothing which indicates a minimum length of time. The tax act doesn't specify, it just says if a ''main residence' but doesn't define it.
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    Principle residence is defined in TD51, but again no time length is specified.
    http://law.ato.gov.au/atolaw/view.htm?locid=cgd/td51/nat/ato

    Is a principle residence the same as a main residence????

    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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    Why assume that? It is usual these days for a full inspection. Some lenders won't inspect if the LVR is low, but policies change constantly and you wouldn't want to find you can get finance but can't get an increase or, if you want to sell, the buyer can't find finance.

    I would be getting a building inspection at least, and maybe an engineers report depending on how bad it is.

    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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    Just think of investing like trying to lose weight. There are lots of different methods out there. most probably work, though some are scams

    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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    things like this can hurt finance too. I had a client with a house with large cracks and the lender wanted an engineers report which cost him around $1000 – and then they declined it anyway. i think he did some wall papering after that

    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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    yeah, that would have worked in the past. But these days asset lends are about 9 to 12% pa in interest and the loans are only usually for 1 to 2 years so it could be very risky

    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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    I agree with damit

    you want to pay back non-deductible debt first before paying off any investment debt. So change the IP loan to IO asap. This will reduce the repayments which you can then use to pay off the PPOR loan.

    Instead of using any cash for another IP what you should do is to pay down the PPOR loan and then reborrow it for an IP. (preferably set up a LOC or a separate account). You will be increasing deductions this way which will release cash to pay off even more of that PPOR loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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Viewing 20 posts - 8,741 through 8,760 (of 16,328 total)