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Change the loan to IO asap.
Every withdrawal from a loan is new borrowings – so the interest will only be deduction if the new borrowings were used for investment purposes.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It would be extremely rare for this to happen in Australia. A council could take action against a person to recover monies, get a judgment and then an order to sell property – but even if it did you would not necessarliy be getting it cheaply. The property would probably be auctioned.
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
Why assume that?
see the case of Steele
Steele v. FC of T 99 ATC 4242; (1999) 41 ATR 139And TR 2004/4
Income tax: deductions for interest incurred prior to the commencement of, or following the cessation of, relevant income earning activities
http://law.ato.gov.au/atolaw/view.htm?Docid=TXR/TR20044/NAT/ATO/00001Terryw | 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
What about one for doctors that rebate the medicare fee?
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 TD 51 here
http://law.ato.gov.au/atolaw/view.htm?locid=%27CGD/TD51/NAT/ATO%27&PiT=99991231235958Terryw | 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
That book is written by Julia Hartman, with a bit of Noel on the side. Julia is excellent on the tax aspects.
But, with the boarders, this may not be the case. You would be only renting out part of the house – so would only partially lose the CGT exemption.And, if they were boarders, paying money for food and expenses, then maybe not CGT or income tax consequences.
see http://law.ato.gov.au/atolaw/view.htm?docid=ITR/IT2167/NAT/ATO/00001 paragraph 17 and 18 – but also 19 which cautions.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 own a home or are you renting?
I would probably buy a cheapish home (if you haven't got one), and then reborrow the money to invest.
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
Richard, Richard is in SA = South Africa. I took at as South Australia on first glance 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
They won't discharge unless you pay out the 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
A contract for land is not enforceable unless you have it in writing – so if you have their signed copy they are locked in and vice versa. You could both get together and sign 2 copies – one for you and one for them.
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
One of my clients recently got audited by the OSR. What they do is send you a letter, initially, and ask you to provide proof that you were living in the property. If they are satisfied they probably won't take the matter further, but they could do so if suspicious about something -especially if someone has made some allegations.
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
s 126-5 ITAA 1997 covers CGT and marriage breakdowns
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s126.5.htmls 68 Duties Act (NSW) covers the stamp duty and marriage breakdowns
http://www.austlii.edu.au/au/legis/nsw/consol_act/da199793/s68.htmlIf the property has been your main residence for the whole period it will probably be CGT exempt.
If you don't have a court order, you may still apply for an exemption from the stamp duty.I see you said you moved out at one stage, so you may be able to apply the '6 year'' rule and still class it as your main residence under some conditions – such as not owning another property during the same time – abd ve CGT exempt.
see s118–145 of the ITAA 1997.
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.htmlTerryw | 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, IO with 100% offset – don't pay it down as it will be 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
Look at the latest flash at http://www.bantacs.com.au. They have a private ruling on capitalising interest
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 think it best to pay the debt off first. You are unlikely to get a loan if you have $120,000 in credit cars as they will assess this as a $3,600 per month expenses.
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 have written a few posts about this.
Once a lender give you a LOC you can use it as you please. But you had better be careful about the ATO considering this is a scheme set up to avoid tax. You need a good accountant to set it up for you and you need to be doing it for a reason other than saving tax. probabaly best to get a private ruling.
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
Did you see that agent on TV last night – today tonite or ACA.
He had a property on his books with an asking price of $300,000+. It was slow to sell and so he offered to buy it himself. He paid $240,000. The same day he resold it for $280,000 to another of his clients.
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
Look at the website of the Tenants Union in your states – these are for tenants, but are a good source of info on what you can and can't do.
Maybe you could increase the rent by $50 pw every 6 months until it catches up. Do it slowly (so they won't notice!).
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 need to see an accountant or lawyer.
I can see no point in having 2 directors though – it just doubles the risk without any benefit.
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, a trust needs an ABN as well as a separate TFN. not exactly sure why, but the ABN needs to be listed on tax return 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



