Forum Replies Created
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
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
guarantees are not really worth much. If things go back and everyone starts calling in the guarantee the company can go under and then you will have nothing.
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
Generally you can borrow around 5 times your annual gross income. plus a bit more if rent is included and your are living at home.
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
Talk to your lawyer. I think signing the notice will indicate you will be cancelling the contract, and keeping the deposit, if they do not settle – but you don't have to cancel it.
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 might have to do up a spreadsheet with both scenarios and work out which is best.
Another idea – what you considered buying the dream home now, live in it for 6 months and then rent it out and you rent elsewhere. You then claim the negative gearing benefits, save tax, and still have the property CGT free for up to 6 years. Do this for a while, while at the same time saving as much as possible in an offset account to bring the interest down. When it gets cashflow positive move in.
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
marx, your post doesn't make sense. neither do a few of your other ones.
Fitzer, ATO looks at the purpose the funds are used for not the security. You want to borrow to pay out private expenses so the interest won't be deductible.
What you pay be thinking of is using a LOC to pay the interest on other investment loans. This is totally different and may be possible to structure it so that you can rapidly pay off your home loan.
A private ruling is a request to the ATO for confirmation what you are doing is ok from a tax point of view. You apply, telling the exactly what you want to do and they reply saying if it is ok or not. Once you have one you can rely on it. ie the ATO cannot later say that what you did is not allowable.
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 tax on borrowed money, but interest would not be deductible as others have mentioned. So a way around this may be to live on the rents and borrow to pay the other loans – talk to a good accountant.
Also a ps – it is getting hard to get "cash out" these days, including access to equity via a LOC. so don't rely on this method too much
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 will have the right to rescind or cancel the contract if they do not settle within the 14 days after issuing a notice to complete.
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
see the pdf booklets at http://www.bantacs.com.au for some good info
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 can't claim a house as your main residence until you have lived in it. So if you later move in and then out again it could be your main residence from the date you moved in, but not before.
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
Since you say the PPOR is going to be rented out, it might be best to get a high a loan as possible. This will keep your cash available for personal use. A downside is you may end up paying more LMI. Use a IO loan with the 100% offset as you mentioned. Maybe weigh up the scenario of paying more deposit and see how much LMI you will save (this is only payable when you borrow more than 80%)
The IP should also be purchase with as little cash as possible.
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 can rent out your main residence for up to 6 years and still treat it as your main residence. You will need to live in the place before it can be your main residence, and you can generally only treat one house as your main residence at any one time/
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
Immigration status is of no real concern to the ATO. Residence for tax purposes is what counts.
If Australia resident, I think you will be taxed on the foreign income as if it was australian income and then given a credit for any tax paid overseas.
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
I think you may have some misconceptions about lending. To get a loan you need to convince the lender you can afford the repayments. This is the case whether you are releasing equity or buying a property – in fact the lender will be more worried with releasing equity as you can just walk away with the money and spend it. At least with a new property purchase you will have rental income coming in.
One exception to this is the so called No Doc loans or asset lends where the lender doesn't care about your income at all. These loans were popular a while back, but have largely disappeared. There are a few still around, but the rates are 9%+.
Also, you must consider that having another loan will mean you have extra repayments and this will affect future borrowings as well. They base the calculations on the limit of the loan, not the outstanding balance. So this can hurt serviceability if you have a large line of credit sitting there with no income coming in.
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 pay tax then you must be making a profit, so it can't be all bad.
Don't worry about it too much. As they say only death and taxes are the certainties of life.
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
Also, you will probably pay hardly any tax anyway – or maybe none at all. It is still worth minimising it as much as you can, but not a reason not to do it, or to give up.
For some good info, i suggest you go to bantacs.com.au and look at the PDF booklets on developing and tax.
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 want to enter into the business of developing, but don't want to pay tax? What makes you different to other businesses?
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
Most IO loans are for around 5 years, then reverting to PI automatically. Some banks go up to 10 years, others 15 years. If you want to stay on IO after this intitial period some banks require you to requlify again – so have to supply updated payslips 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
You say the house is in your mum's name, but you borrowed from the bank. Are you on title too? – not that it matters.
Board is not considered income – if it is only contributions for food, electricity etc
see para 17 of Tax ruling IT 2167 http://law.ato.gov.au/atolaw/view.htm?docid=ITR/IT2167/NAT/ATO/00001But your brother is claiming rental assistance. If you told them that this is just for board, then I think it will be ok.
I don't think your mum would lose the main residence exemption from what you have written.
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



