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  • Profile photo of TerrywTerryw
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    Authorities probe sport betting scams

    Authorities are investigating Queensland's sports betting industry, following allegations scams have ripped more than $4 million from punters.

    Fair Trading investigators recently led multi-agency teams that included Queensland police and the Australian Competition and Consumer Commission in door-knocks of almost 40 sports arbitrage companies, mostly on the Gold Coast.

    About 650 punters have complained since January last year of losing thousands on complicated betting systems.

    Total losses amount to more than $4 million.

    Complaints included not being able to contact companies after paying membership fees of between $3,000 and $19,000.

     

    more at http://news.smh.com.au/breaking-news-national/authorities-probe-sport-betting-scams-20090625-cx8v.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would set it up like this:

    PPOR value = $550,000
    80% LVR = $440,000
    Less existing loan of $316,000
    = LOC of  $124,000

    IP value = $300,000
    80% loan = $240,0000

    So you would have loans like this:
    1. PPOR of $440,000 = this is secured against your home
    2. LOC of $124,000  = this is secured against your home
    3. IP loan of $240,000 = this is secured against your IP only

    This way your loans are separate. Not cross collateralised. 3rd loan can be with a separate lender.
    LOC may be used for deposit and costs such as stamp duty, legals etc. The interest should be deductible. You can also use this for all IP expenses, maybe even interest or interest shortfall – check with your accountant.
    IP loan should be interest only.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It would be great if you could get someone to be trustee – and take the risk, but may be hard to do since they would be guaranteeing the loan.

    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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    A unit trust is great when different parties are involved. They allow the break up of profit in fixed shares, but offer no tax benefits or asset protection.  Look at having your units owned by a separate discretionary trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi

    Do you intend to live in the rental property later on? If not, I would be reluctant to pay down the loan as once you pay it down, any withdrawal later will mean the interest will only be deductible if the funds are used for investment/business. So you may end up with a investment property with a very low loan, no cash, and then wish to buy a house to live in and have to borrow the lot. Better to use a 100% offset account.

    These day I like shares more than property. You must be very careful though as things can get rough, so you need to do a lot of research and minimise your risks as far as possible.  I think since you have free rent, then you might as well invest at least what you would have been paying in rent, and maybe more.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, i would pay off the PPOR (if you do not intend to move out) and then reborrow the money to invest,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    ATO ID 2001/79

    Income Tax
    Interest expense: Funds Borrowed
    http://law.ato.gov.au/atolaw/view.htm?docid=AID/AID200179/00001#809189D2-7517-4af1-BAF0-1A36C3BB8640&numResults=0&command=%20m_objCurrentDocument.getElementById(%27veohrecs_fr%27).style.height%20%3D%20%27107px%27%3B%20m_objCurrentDocument.getElementById(%27Veoh_SpaceDiv%27).style.height%20%3D%20%2712px%27%3B%20m_objCurrentDocument.getElementById(%27VeohCompass.LoadingDiv%27).style.height%20%3D%20%270px%27%3B%20m_objCurrentDocument.getElementById(%27VeohCompass.LoadingDiv%27).style.display%20%3D%20%27none%27%3B

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    sounds like a lame excuse to me. But if you can find another tenant at the same or higher rent it is 'no skin off your nose'

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    can be risky.

     – you may qualify for a loan now, but changing circumstances may mean you won't qualify when it counts.
    – properties can also drop in value/
    – opportunity cost. You could be tied up with this and miss out on other opportunites that come up.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    One of my friends tried the horizon program. He had been a broker for 10+ years and had dip on fin services, PS 146 etc, and he missed out – it is very hard to get in, but looks like a great program if you can get in.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Edvico_kvn wrote:
    Hi Terry,

    I like your idea of having the LOC pay for the IP running costs (including interest of the I/O loan) and thereby increasing your tax deductible LOC liability over time while at the same time the I/O loan for the IP remaining the same balance and the offset balance increasing over time.

    Do you recommend using the investor's salary/other income to pay for the interest payable on the LOC or use money from the offset account?  If using the offset account money to pay for the LOC interest, the offset account will not increase as quickly  (depends on the relative amounts of the rent income versus LOC interest – these 2 competing forces can either increase or decrease the offset balance over time).

    Also, gotta be careful of Part IVA, because any loan arrangement with the "dominant purpose" of obtaining a tax benefit will not be favoured by the ATO.  Have to argue this arrangement have another dominant purpose other than tax benefits

    Hi Kevin

    Yes, you have to be careful with Part IVA and have to find a good reason why you are doing it this way. But there is no rule, as far as I know, that says you must use your own funds to pay business expenses.

    As for the interest on the LOC, i don't think it matters what you use to pay it, because all the income would be going into the offset account anyway. It may even be possible for this interest to be capitalised anyway.

    Need to seek expert advice on this strategy as it is potentially dangerous, but could result in a rapid repayment of your home loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    remember a trust is not a legal entity, it is just a 'scheme' so it is the trustee that is the legal owner of the trust's assets. Trustee's name goes on title. The loan can be in the trustee's name without mention of the trust or in the name of the trustee as trustee for the XXX trust.

    And, lenders will require guarantees. This is usually the trustees or the directors of the trustee company, but some lenders will also require all named beneficiaries to give guarantees too (which you don't want!). so be careful in setting up your trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    yes, this 'loophole' has been closed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    sounds like you are not renting to him, but he is just a boarder! Sharing expenses. should be any tax if just doing this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    deductibility will depend on what the extra withdrawals were used for.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I believe the interest on the redrawn money will be deductible if the money is used for the investment property.
    But this will be less than ideal for a number of reasons relating to working out the tax.
    – If the loan is PI and it is decreasing it can be hard to work out the proportion of the interest which should be claimed.
    – if extra funds are paid into the loan the funds must be applied to both portions (investment and no investment portion) in the same percentage of the loan.

    eg if you have a 95,000 loan with $5,000 redraw. YOu take $5,000 out for investment. then 95% of this loan is non-deductible.
    if you then pay $100 into it, above the interest, then 5% of this $100 is attributable to the investment portion. if the next month you pay another $100 in, then 5% of this must come off the investment portion. So you can see it gets complex.

    a way to avoid this is the set up a separate loan account.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think even while bankrupt you can get a loan – if someone will lend to you.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    yes, i think you will have a uncommercial rent and this may lead to problems with the ATO.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    i think it is a great product – for the first 3 years only. Then you can easily change as the exit fees are minimal.

    I would also get a longer term just in case. You can always pay it off quicker.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Trustees can only distribute to the beneficiaries or class of beneficiaries. Usually a deed is worded such that the family of a named beneficiary, trustee or director/shareholder of the trustee is all included. So if you marry, have children, adopt children, get some step children etc they should all be automatically included without being named.

    If you do go down the path of only having 1 director of the trustee then just make sure this is considered as it may be that the other people are not named beneficiaries and their family may not automatically be included. Once the trust is setup you cannot add or remove beneficiaries without huge tax and stamp duty consequences.

    Having all people guarantee the loan will mean that in future when they apply for more loans – even for their own personal property – then they will be assessed as if they owed the whole debt of the trust. This can hurt!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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