Forum Replies Created
Don't know about the merits of charging yourself a high rent. You should be charging yourself a market rent. Higher rent means higher profits which have to be distributed – but I guess you could save tax by distributing to the lower income earners of the family. You would have to justify the rent if audited.
Pos, you would need a unit trust to claim losses – but borrowing to buy the units. But the ATO has already put out a tax ruling many years go warning about this. TR 2002/18 http://www.ato.gov.au/taxprofessionals/content.asp?doc=/content/00144668.htm&pc=001/001/001/001&mnu=45485&mfp=001/005&st=&cy=0
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
For starters, All loans interest only.
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
What a question. it varies between banks!
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
wealthyjvd wrote:whats the difference if you have IO and put money into the loan or have IO and save in offset?Big tax consequences if it is an investment.
Money paid into a loan = repayment.
Withdrawing = new borrowings.
If you put extra money into the loan and then wanted to withdraw $1000 for a holiday, then the interest on this portion would not be deductible. Imagine if you did this frequently, you would have a huge loan but maybe unable to claim the interest on most of it. Plus it would be a nightmare to work out.
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
Very hard to sell quickly. It would take at least 42 days (in NSW) if you sold it instantly. Probably another month of advertising at least. I guess you should allow for 3 months to 6 months to sell at a reasonable price.
Thats why you should keep some of your money in an offset account or shares, just in case of an emergency.
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 Richard
You have previously owned a property so won't qualify. You're spouse won't qualify either as his spouse (ie you) has previously owned property in Australia.
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 it is possible with a discretionary trust. But the tenant would pay the rent to the trust, trust would then claim interest and other expenses. However, If there is a shortfall then the trust will incur a loss which cannot be used to offset personal income.
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
Thanks Richard
I am located in Sydney, but being semi retired i try not to work 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
My guess is the ex would probably have lodged a caveat against Oz's property which would prevent him dealing with it further. Maybe she would agree to let Oz extract some equity, but this would be complex if she is on title too.
I think Oz may need to come up with a 5% deposit or look at a vendor finance type deal>
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
Maybe it could be converted into a pantry?
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
Sounds like a good plan. But get IO now. WOuld be good to have the offset too.
One major concern is the size of the unit. 30sqm is very small. St G is one of the few lenders who will lend for this type. So prospective purchasers will have trouble getting finance when you sell. This will limit capital growth and sale price – but should also be reflected in your purchase price.
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 Kinks
You are talking about wrapping or vendor finance. There is no rule on how it is done, so it depends on the market and your negotiating skills. Usually they will add 20% to the price of the property when they sell to you and then add 2 to 3% to the market interest rate they will charge you. So if the property is valued at $100,000 and rates are 5.21%, they will sell it to you for $120,000 and you will pay it off over 30 years at 8.21%. After a few years if the value has risen, you could possibily refinance with a bank at the lower rate. If prices don't rise you will have to keep paying it off and will gradually build up equity as the loan principle decreases./
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 your existing loan is a low doc, it may be difficult to refinance at all due to recent restrictions. St G is probably the best bet.
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 have a hard time refinancing it to 95% LVR, probably 90% would be the max and then LMI is payable. Valuations coming in low as you said too.
Why sell? do you need the money? Since prices are low it may be better off just to hold and wait for the next jump in prices. Consider refinancing on a lower rate, but make sure it is worth it with the exit fees. Should be almost paying for itself – so I would keep.
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
Stamp duty is a state tax, so the rules vary from state to state. In NSW I think it will be levied just on the transfer value so no savings. In Vic in the past it was levied just on land value, but it may have changed.
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
perpetrator, give people a chance to read your posts. You shouldn't expect instant answers.
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
don't think you will find anyone. with no security, it is extremely risky for the lender – what if you refused to repay?
maybe you could look at vendor finance – where the seller can lend u the deposit.
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 there are a number of reasons they don't like inner city and they mostly come down to risk:
– most are high rises, more loans in the one building is risky.
– oversupply – always new units popping up
– harder to sell (because its harder to get finance!)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
There are a few old Tax Rulings on these. Do a search on the ATO site – probably from 4 to 5 years ago now.
I read them at the time, but forget what the result was now. I think you are only taxed on the profits as it is obtained, but you should check.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
Broker can also advise on how to structure the loan. Bank staff usually only advise as they have been trained – in the banks 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



