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you can only claim one residence as your PPOR at any one time, but you can choose which one and this choice may only be need to be made in the year you sell one. So you would, probably, just choose the one with the biggest capital gain as your main residence.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I think you will be able to claim a portion of the expenses for the part of the property rented out. if you rent out 50% then you should be able to claim 50% of everything. this would be shared in portions of ownership, so he could claim 70% and you 30% of any loss on this basis.
For the remaining 50%, you would be lviing there so couldn't claim. You boyfriend could claim a portion of this too if he was renting his half share to you. But it is starting to look complicated already!!
Are you aware of the CGT consequences?
If you rent out your home you will lose the CGT exemption for the percentage rented out. This could be far greater than any tax savings you get by claiming the loss from rent.
It may be better if you lived in the place for a while and then moved out and rented the whole thing out. This way you can claim it as your main residence and claim the CGT exemption which is available.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I have a client who keeps selling properties to himself/family – crazy waste of stamp duty. He needs to because his credit report has gotten very messy due to slackness.
I would suggest to Bill to think about how to make things as flexible as possible from a borrowing POV as well as tax etc. Don't just go and form a company with everyone as trustee – some do this – and it just ruins serviceability and adds risk.
Start thinking who will take part in the first deal in terms of servicing. I would suggest a company as trustee with a discretionary trust – but be careful of naming beneficiaries as some lenders will insist on personal guarantees from all named adult beneficiaries. Maybe have a few trusts set up so that one trust is the beneficiary of the first and the proit can be distributed to the 2nd one which could have everybody named if need be.
Do one or two and then maybe you will need a new company and another trust setup.
Another thing to think about is is some members do not have shares in the trustee company, then how do you protect them. Same with appointors as it is the appointor who can sack the trustee – so maybe another company as appointor or some sort of written agreement which you should get legal advice for.
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
This article may be of interest
Re-imbursement red lights
Tax Telegraph issue #16 by Deloittshttp://www.deloitte.com/dtt/article/0,1002,sid=142634&cid=222779,00.html
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
Some valuers are more generous than others. I wouldn't be keen on buying a place $15k under value – maybe you could order another valuation from a different company just to be sure. Spending $300 could save you $15,000.
never trust an agent or their estimate.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 can't arrange a simultaneous settlement, the lender will require the LVR on the investment to be 80% to avoid LMI. You don't say the value, but if it is over $363,000 you shouldn't have a problem. You can then take your cash and spend it. If it is under this value, you may have to pay down the loan a bit or pay LMI.
Another possible option – tho the banks don't like doing it. You could just keep both loans as is and place some money in a term deposit which will be the security in place of your house. You will then have up to 3 to 6 months to find another property.
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 are a contractor, or can arrange to be, then you could run a business thru a trust. There are a number of hurdles to overcome, but it is possible to do. The profit can possibly then be distributed to other family members and tax reduced.
Trusts only have $200 stamp duty to setup in NSW, none in QLD and WA now (I think). you would pay stamp duty on existing assets which are transfered and it is usually not worth doing (unless maybe you have a high non-deductible debt and equity in an investment), but look at buying any new property and shares in a DT.
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
Accountants can advise on taxation and structuring (ie trusts, companies, individual names and tax consequences).
Financial planners supposedly advise on planning for retirement, but there are not many who can incorporate property into their thinking.The best thing to do is to work it out for yourself with pointers from your various advisors along the way.
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 wouldn't mix funds at all.
See this newsletter article from Bantacs, under the sub heading "Losing interest deduction."
http://www.bantacs.com.au/booklets/Claimable_Loans_Booklet.pdf"Imagine how you would feel if you borrowed $100,000 to invest in shares. Then when it came time to do
your tax return your Accountant told you the interest is not tax deductible because the money went from
your loan to your cheque account so you could write a cheque to your broker. A recent AAT case decided
that if loan funds are intermingled with other funds before being used for income producing purposes they
are no longer considered to have their source in the loan."And the Domjan's case
Domjan and Commissioner of Taxation [2004] AATA 815 (5 August 2004)
http://www.austlii.edu.au/au/cases/cth/aat/2004/815.html
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could do that. makes sense – but illegal as you would be defrauding the ATO. They may also get suspicious as to why you are renting across the hall? (maybe noise or sunlight issues?). If they think you are doing it just for tax reasons they could still disallow deductions. If they find out about your scheme of pretending to rent it out, they could charge penalities for tax avoidance.
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 guess you could jsut search on the suburb, once you have found it – there could be more in the same area.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am not keen on studios. if they are hard to finance, then they are harder to sell which can limit capital growth.
Lender and LMI polcies are constantly changing too……. things may get worse (or maybe better??)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 was a rule which allowed the interest and expenses a jointly owned property to be claimed by the highest income earner by using salary sacrifice. The loophole has been closed now.
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 suggest you do a google search of the tenants union in your state. These organisations offer advice to tenants on their rights in situations like this and they have lots of good info – all good stuff for landlords 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
I would be very wary of borrowing money and putting it into a savings account and then mixing it with other money.
There was a legal case a few years ago where a person borrowed money, put the money in a savings account (maybe to access his cheques on that account). He then bought something investment related. it was deemed that the interest was not deductible because the direct link was gone.
Forget the case now – does anyone know?
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 lot of these non-bank lenders get their funds from wholesale lenders. These come and go, and maybe yours has gone and they cannot change your loan.
Break costs and inflexibility are the unfortunate side costs of these sorts of loans.
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
That is a difficult question. I think it comes down to when you sell and your intention. New property is supposed to attract GST on its sale – but I think the land portion will be GST exempt because it is not new. However, if you were to rent them out for a while and then sell, they will no longer be new and therefore GST may not apply.
if you do have to apply GST to the sale, then you may be able to claim the GST you were charged on materials which should offset the pain a bit.
have a look at wwwbantacs.com.au and the booklet on "how not to be a property developer".
And speak to a good accountant now.
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
Trusts are not water tight, but I think they are the best vehicle out there for asset protection. If you are getting sued it would be no good buying in your personal name. if you had a trust (discretionary) it would help for a few reasons – firstly it is harder to attack assets if they are easily found. Having a trust with a company trustee will help when one searches on your name at the land titles office. Next they may do a director search and shareholding search via ASIC. if you are neither of these, it will be much harder to find. They may start to do searches on the names of your relatives. But each search costs money and time. Even if they did find something then they would need to prove your involvement. They would need to prove the money for deposit etc come from you and/or you controlled the trust and that you did this to defeat creditors.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
That seems correct. Remember 366 days in leap years and same months are 31 days, so interest each month will vary.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
no chance I am afraid. You cannot borrow more than the security property is worth.
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



