Forum Replies Created
A lot of people's properties have dropped below what they paid for them – you may be lucky.
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 sell IP 1 you may end up with $80k before CGT. This could be put off your home loan saving you non-deductible interest – but if your plan is to buy another property again you will have stamp duty and buying costs etc. I think selling can be good if you can reduce private debt in some cases.
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 most banks will tell you the valuation figure.
Valuations from the same valuer vary (down usually) when a bank is instructing.
Also if you get the valuation done before exchange and then exchange at a lower figure the new value is going to be lower, likely, as this is the 'true' market price. Its only rarely that the value comes in over.
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, i can't see any point in investing in something without a capital gain either. You will also have entry and exit costs – not to mention difficulty selling and the low leverage.
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 get a LOC on the existing house and use that as 20% deposit and borrow the remaining 80% for the 1st investment. Make the loan IO with a 100% offset account attached. Place all of your cash into the offset. This way you have not used any of your cash and you still have it available for future investments if need be – and you have a property with it very tax effective.
Also you should look at using a discretionary trust.
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 will be only renting out for 5 years you need to determine if the LMI will end up cheaper than the extra tax deductions to be gained by borrowing more.
You also said you may sell the current PPOR to the wife, so maybe consider paying off this loan and reborrowing the deposit so you can claim the interest on this portion and reduce the non-deductible loan. Consider setting up a LOC on the PPOR to borrow the 20% deposit and costs and then get the remaining 80% from the other bank.
If you just take the money from the offset you non-deductible interest will increase and you will have a lower loan on the IP so will lose out on 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
AAQ wrote:So what is the best way to protect your PPOR from anybody who would sue you?
Is there a way to fully protect it?
Cindy & Brian
Speak to your lawyer, but some others things are:
– Discretionary trust holding mortgage
– discretionary trust holding an option to purchase the property
– long term leases
etcTerryw | 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
Thats true. No good having an offset account if you are a spender.
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 don't think there are any specific books on this topic, there are general taxation books which could help, one is the tax summary which comes out annually. There is also the booklet on CGT from the ATO which may help you understand the tax in general.
I think if you are conducting a business of renovation you should be able to claim tools. But the treatment of these may depend on their cost individually. Some large tools may need to be depreciated and smaller ones could be claimed outright.
Not sure, but maybe the new extra 50% tax allowance may also apply.
And, if you are going to get serious, have a look at trusts – the book "Trust Magic" is a good intro.
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
Westpac is my fav lender at the moment.
St G is good, but their offset accounts are confusing. There are a few different versions. One version actually reduces the principle of the loan. I even have one client on the offset that reduces the interest rather than the principle and he tells me the loan still also reducing.
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 Tribecca merged with Kaplan and then Kaplan merged with the securities institute.
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 enter into a rent to buy type agreement (as the renter) you will be purchasing an option on the property – ie entering into a separate option contract. This enables you to register a caveat on the title.
If the owner stops making repayments on the loan the 1st mortgagee will start recovery action. They will have the right of sale under the mortgage agreement. so the property can be sold and they can recover their money. If you have an option this will complicate things. They will no doubt offer it to you, but what if you are not in a position to purchase at that stage?
And what if the value of the property had dropped?
I think it is a question of priorities and the first mortgage would be a high priority than the equitable interest of the option agreement.
it could be messy.
The option agreement will also cover the purchase price – whether a fixed amount or an amount to be calculated by some sort of formula.
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 also be up for stamp duty on transferring your dad’s share to yourself – if that is what you meant when you said “then house title will then be under my name”.
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
Dan42 wrote:The problem you may have is that if you had the funds from the sale to pay out the LOC, and you CHOSE not to, the nexus between the interest payments and the relevant income earning activity will be broken, and therefore not deductible.
However, in Brown's case, the monies received for the sale of a business did not fully repay the loan taken out, so the interest was deductible after the business had ceased trading.
http://law.ato.gov.au/atolaw/view.htm?docid=DTR/TR2003D8/NAT/ATO/00001
Thanks Dan, I was looking for that one.
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
Firstly, it is not a good idea to buy using a Pty Ltd. You will pay more tax. (its ok if the company is trustee).
Secondly, it doesn’t matter who the owner is. If money is redrawn (borrowed) the interest will be deductible if the money is used for business purposes.
I would not pay any extra on any loan – just use the offset.
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
better seek the advice of a specialist lawyer too or you could get yourself into some trouble. eg. imagine if you have the shares of the company owned by yourself. you are sued and go bankrupt – the shares of the company are property which can be seized by the trustee.
Mortgages are registered at the land titles office. You would probably need a loan agreement and mortgage document.
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 would be hard to answer without knowing the circumstances.
I think it boils down to would the tax payable by family A be more than 30%?
If the loan of family A is paid they will have less deductions and therefore pay more tax.
If the company loan is paid down then the company will have less deductions and therefore more profit and more tax.
Maybe also need to consider the shareholders tax rates 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
Funny IP!
I think you will need a bit more than $10k these days – unless buying a really cheap property (and then you may not qualify because of the location!).
You will generally be required to have 5 to 10% (more likely) deposit and money for costs.
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 will need to borrow more you will need to re-qualify for the loan again. Even if the loan is portable – i think probably most are, in theory, though in practice it is just as easy to discharge the loan and start again. Hope you are not with one of those non-bank lenders – exit fees can be high and things messy.
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 Penny
I would suggest you look at setting up a LOC on your current home. You can then use this as 20% deposit on the new house and borrow the remaining 80% as a separate loan.
You can also pay expenses from the LOC – both initial purchase costs such as stamp duty, legals etc and on gong costs such as rates.
Then you will free up more money to place into your offset account to save you even more non-deductible interest.
Some LOCs allow the interest to be capitalised, others require the interest (at least) to be paid each month.
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



