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  • Profile photo of TerrywTerryw
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    @terryw
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    Tony

    Watch out with the claming of tax. It may save you a few dollars now, but end up with a huge CGT bill later.

    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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    In most cases they don't check, but they are auditing a number or percentage of receivers of the grant. They will send you a letter and ask you to provide proof you were living there – then it is up to you – bills, electoral roll, rates notices, connections etc all can be used.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    There are plenty of share training programs and other share stuff out there. I think you should do some more research. maybe take at least 6 months before you sign up for something otherwise you could be wasting your money.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I just had to ring Bankwest and was advised they are taking 15 days now. Working days = 3 weeks

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    God

    Never buy rural!

    unless you want a farm.

    if you really want one, then you should inspect it because of the extra risks involved.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    i have previously bought about 10 unseen. But now I probably woudn't do so again. You need to get a feel for the area and see the surrounding houses and parks and whatever else is there. Otherwise who knows what you could be getting yourself into. Getting a mate or a building inspector etc to look at the place won't really tell you this info.

    I think I was just lucky that I had no major problems

    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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    Depends on the bank. All seem to be running very slow at the moment. Will also depend on the valuer. Probably take around 2 weeks if everything goes smoothly.

    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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    bator.h wrote:

    Also, if I do decide to buy the two apartments, is it a better idea to put all my money in the investment property and try to positive gear it, or put the money in my PPOR and negative gear the investment property?

    Hmmmm. Think about what you are asking.

    Would you reduce your loan on the main residence and save interest – which is non-deductible?

    or

    Would you reduce the loan on your investment property and save interest which is deductible?

    It would be better to have bigger deductions to save more tax wouldn't it?

    But, I would do it slightly different and have both loans IO and pay neither off. But have a 100% offset account against the loan on the main residence. This way, if you move back into the unit, or to another property, you can take your money with you and establish a new 100% offset account on the new main residence and save non-deductible interest,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    bator.h wrote:

    I think we will get a high loan for the studio apartment to allow us to redraw funds as needed. Terry, I am unfamiliar with the CGT exemption you mentioned; is there any place I can get more information about this?

    yep
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    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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    yeha, good idea about the shares. Look at using a discretionary trust to own them

    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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    all people on the title must qualify.

    So if he has owned a property before 2001 he won't qualify. If he had owned a rental property, but not an owner occupied property after 2001, he might still be ok.

    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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    and http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1999/7.html?query=^steele
    for Steele v FCT

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

    Here is a link to the tax ruling. There are links to the cases at the bottom if you are keen to read them

    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?locid=%27TXR/TR20044/NAT/ATO%27&PiT=99991231235958

    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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    Kailyn wrote:
    Mortgage Life Insurance refers to an insurance policy that guarantees repayment of a mortgage loan in the event of death. Its purpose is to pay off the debtors mortgage and leave the family with a mortgage free home….

    high interest savings

    The topic of this thread is lenders mortgage insurance. This protects the lender if the borrower defaults. The borrower will then be pursued by the insurance company.

    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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    Once you have settled on the property the ownership structure cannot be changed. I don't think you will be able to transfer it between spouses without stamp duty – think it only applies if you are adding one spouse to a property laready owned by the other spouse and only if that property is the main residence.

    When did you check with the FIRB? The rules have recently changed – last month or so and are much more relaxed.

    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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    One thing you need to consider then is that if a trust doesn't distribute the income then it is taxed at tax marginal rate. So each year you will need to find someone to distribute to. if you are a non-resident that the tax will be starting at 30% and up.

    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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    Hi Elkam

    This was decided in the case of Steele v FCT a few years ago. The result was that as long as your were intending to build a rental property then all rates, water, and interest would be deductible.

    I can dig it up if you would like a read.

    in fact, it may work out better for Narelle to claim the costs of interest etc agaisnt her income as having a large capital loss won't help save tax until a gain is there to offset it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Just because you have signed and/or nominee doesn't mean you can nominate anyone. Its not that easy. You will be charged stamp duty as will the girlgfriend, unless the OSR has proof you had an agreement prior to signing the original contract.

    I would suggest you get the highest loan possible for the studio and make it interest only with a 100% offset account. Live in the place first, establish it as your main residence and then you have the flexibility later to work around the CGT exemption. When you buy the new place do the same – high IO loan with a 100% offset account. that way which ever place you move out of will have a high loan for tax purposes and your cash will be available and there should be no tax problems of redrawing the money etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Hi Kenten

    I don't think you can transfer into your name without stamp duty – unless you divorce maybe!

    As for the loan, the ATO will look at what the funds were used for. Was the whole $196k attributable to the investment portion? Probably not, maybe half or a bit more if you can say you borrowed funds to do the sub-division and some reno costs.

    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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    Sushiboy, yes you probably can – if it was your intention to build an investment property when you bought the land. But interest should be claimed against the income not the capital gains, so you may have to go back and amend your tax returns for 3 years – and this may save you more tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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