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  • Profile photo of TerrywTerryw
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    @terryw
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    When did you buy the PPOR? It it was before 1985(??) it may be CGT exempt.

    Transferring to a trust will enable the trust to claim the interest, but it would probably be negatively geared and trusts cannot distribute losses so the trust will need other income to offset the loss or you would need to roll the losses forward to be offset by gains in future years.

    Also, you may have to pay more land tax if you use a trust.

    it is still worth looking at, but you need to bear these additional costs and problems in mind when deciding,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hybrid2007 wrote:

    As far as i was told by my accountant, it is fine to have one loan account relating to separate IP's (u could even have PPOR in there) but as long as you can account for each of the different expenditure with receipts, dates, account reconciliations etc, they will just apportion the expenses to the separate properties.

    Sub accounts are set up i guess to cut out this fiddling around at tax time but otherwise i think you are fine to do it.

    Hope that helps.

    Hi Hybrid

    I agree it doesn't really matter having all in one loan, but if you were to ever want to refinance or sell one, it would be better to keep them separate if possible i think.

    But i would not suggest having a PPOR loan mixed in as what would happen if you want to pay down the PPOR loan you couldn't do it without using part of the payment to reduce the investment loans as well.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you were to increase your existing loan to 95% you would generally only be charged LMI on the extra portion.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Depends on the bank and LVRs. Some banks dont have time restrictions on valuations, but the mortgage insurers generally like 6 months

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

    1) It is generally only possible to get one offset account per property. Some allow more than one – maybe Bankwest off the top of my head??? But your would need to split the loan into 2 and have one offset against each portion.

    2) All parites need to be eligble to get the FHOG I beleive

    3) I think you can just split the expenses donw the middle and you receive half the market rent and claim accordingly.

    4) If you were to get a LOC you would be borrowing the money 50/50 really. But if you were to use those funds on your own it would be as if she is lending you money and therefore I think you should be ok to claim the interest – check with your accountant first.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you use your own funds, then the money taken from the offset account cannot be replaced with money borrowed with the tax being deductible. You would be paying cash for an investment and then borrowing money for something you already own.

    If there was a trust involved, you could lend your money to your trust and then refinance this amount from your other loan, but you cannot lend money to yourself – maybe you could have someone else 'lend' you the money.

    If you are borrowing from someone else, then you would be just refinancing this loan with the new one where you are releasing equity.

    Becareful with borrowing money an then temporarily depositing it into a savings account mixed with other money (eg to write a cheque) as the chain will be broken and you will not be able to claim the deduction.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Trusts don't pay tax.

    If the profit is not distributed the trustee is taxed on it at the top marginal rate. So if you distribute to another trust, that trust must then distribute it. Worst case, you could distribute it to a company and cap the tax at 30%.

    You can pay any bills in any manner you can negotiate. Your trust should be only paying bills for that trust though.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you were to move out and rent your place after 6 months you could claim all interest and repairs from that point, AND it is still possible to avoid CGT on the sale.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It is best to reduce any non-deductible debt first. And a good idea is to never pay down a loan as once you put the money in, you cannot access it again without tax consequences. The best idea would be to use a 100% offset account so you still get the same savings in interest, but without the tax problems.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I don't think finance comes into it. As long as you will live in the property during the first 6 months you should be ok.

    But if you were to live in Australia, would you still meet the requirements of the CBA loan? ie if it is a foreign currency loan, you may have to be earning an income in that currency.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    luke1982 wrote:

    Hi all,

    Little of our background – I have owned a property now with my partner for 1.5 years. Before we bought the property I had no idea about positive gearing and thought we were doing the right thing by purchasing a property early on in life. Since reading many books, watching many dvd's and listening to many cassettes, i've come to the conclusion that we have dug ourselves a massive hole. It's not the financial burdon that's upon us it's just that we will never seem to be financially free until we pay off enough of this property to turn it into a positive geared one (will take a life time).

    I can understand why not to structure your property in your own name. What I want to know is when I set up a trust to purchase property, I believe that it has to have cash flow is this true? how do I get started? Can i role the profits back in the trust to purchase more property without much if any tax implications? Can I have another trust as a benificiary or is this illegal?

    Kind Regards,
    Luke

    Hi Luke

    With trusts they must distribute any profits each year, otherwise the trustee must pay tax on the profits at the top tax rate. Trusts don't have to have cashflow to survive. You could negative gear, but the loss will be quarantined in the trust until future years when a profit is made – you would have to inject cash into the trust to pay the shortfall (gift or loan it). Other trusts can be beneficiaries, but the incomes will still need to be distributed each year.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thanks for the reply Chan and Naylor.

    Your trust sounds very good.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    A Vanuatu company – keep the profits offshore in a low tax country

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    http://www.bantacs.com.au/booklets/Rental_Properties_Booklet.pdf

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I was just reading about this today on the http://www.bantacs.com.au site. There is a PDF document on property investment.

    Going from memory, it seems that if someone is building with the intention to sell, then they need to register for GST if doing more than one property. There will be no CGT in this case as the property is an active asset. The profit is just income with no 50% deductions.

    But if the intention was to rent the property out long term, then there would be no need to register for GST and the 50% CGT reduction would apply.

    I think your parents need to see a good accountant and get some good advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I have just passed a link of this page to a client of mine in Canberra who is looking for a place

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sounds alright. Where is the house and what is the option fee requested?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It should be acceptable, but it is still not ideal as any repayments to the account over and above the interest will need to be apportioned between the private and business portions in the same percentages as their balances. ie you cannot just pay into the private portion first = which is not ideal for saving tax.

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

    Are you saying you wish to borrow to pay IP expenses from your LOC? That is a good strategy, especially if you have non-deductible debt. I think most people would be fine with this.

    Are you also asking if it is OK to borrow to pay the interest of an IP loan? I think this is possible myself and have sought advice on it, but apparently not all accountants think this is ok because of their (mistaken?) take on the capitalising of interest legal case a few years ago. (forget the name of it now). But  you read that case, if you can find it, then you will see it said that if is ok for a business to borrow to pay for expenses, including interest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Jacki wrote:

    I can't help with any of the preceeding questions as am new to the game myself. However I have a question regarding unit trusts and potential dangers when splitting units.

    I have just a read a book that recommends (when negative gearing) issuing income units to the main income earner to gain maximum tax benefits from the loss and the capital units to the non (or low)-income earner so if you sell, minimum CGT applies. If this is a husband and wife, in the event of divorce (hopefully never happens), would setting up a trust this way leave the person with the capital units with the ownership of the property – or would the property still get split equally?

    Thanks a lot for your help.
    Jacki

    Hi Jacki

    That book must be out of date now. It would not be possible for a set up like this to pass muster with the ATO as there would be no commercial reason for the unit hold to buy the units if they would not be entitled to the capital gain.
    see http://law.ato.gov.au/atolaw/view.ht…/NAT/ATO/00001

    If it was set up like this, then the family law court could still look at the set up and divide the asset in a manner they think fair. They have the power to look behind companys and trusts.

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