Forum Replies Created
beware of cold callers
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 can usually make extra repayments on most loans these days without penalty except the fixed ones.
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 Linar
With a trust the income retains its character when passed through. I am not quiet sure if it is the same with a unit trust, but think so. So if the unit holder is a person, then the person may be able to claim the 50% cgt exemption if the asset was held more than 12 months.
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
It may be a good idea to get an extra loan on one or both investment properties (depending on the LVRs) and to use this for deposit on the new investment 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
The main difference with a IO loan and a LOC is that with a LOC you would be able to withdraw excess funds easier, maybe without fees and with a cheque book. Offset accounts are not available on LOCs.
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
In the good old days all the banks had the same rates with the same increases in line with the RBA increases, but things have changed in the recent months. I guess there is no guarantee things will stay the same, but you may as well go with the cheapest now, just in case.
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
kris07 wrote:Terry: How long would I have to stay in the property to avoid CGT for up to 6 years? I think its 2 months however not certain, can you please clarify.
That is a question for your accountant. The legislation on this doesn't specify a minimum period that you need to stay in your property for it to be classed as your main residence. You just need to establish it as the main residence before renting it out. The minimum period may vary depending on your circumstances and the evidence you can furnish.
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 just get a IO loan with the deposit coming from the LOC (which should not be used for personal expenses). The 2 properties shouldn't be cross collateralised. An offset account shouldn't be needed on this one, but would be a good idea on the PPOR loan.
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 complainer. It must be very stressful – I had one like this before with the property manager just ringing me weekly with new things to fix. I did so at first and then just had to start saying "no". Maybe you should ask her to leave, saying you are going to sell the place or something, and then find a new tenant.
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 read any mortgage agreement in full you probably wouldn't want to sign it – but you have no choice really as they are all the same. You probably need the bank's permission to renovate the kitchen for example.
The UCCC covers the borrower in cases of hardship etc. so having it apply can help if you fall behind in repayments etc.
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 that a high LVR would be good with a 100% offset account with all of your spare cash in there. ANd remember if you were to move in initially you could move out and rent your home and still have it CGT exempt for up to 6 years and be able to negative gear it.
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
The family law court can unravel trusts and companies when looking at property settlements so these will not necessarily help in this regard. There are other good reasons to have a trust too, so they are still worth looking at.
I think the only way to be totally safe is to live separately and be celibate!
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
It is theoretically possible, but you would have to structure the option agreement so allow you to auction the property. You will not own it at this stage, but just have an option. So the owenr will need to agree with the sale
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 it would incur stamp duty unless you are getting a divorce and have court orders relating to the division of property, but may be possible in some states to transfer between spouses without stamp duty, so best to check with the OSR.
It may still be worth doing as you will save a lot in tax. Do the figures and see how long it will take to make the costs back in tax savings.
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 could also try http://www.guardianpartners.com.au
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 probably a few out there. RAMS was good for some products such as 80% No Docs and 85% Low Docs and now they have the 90% Low Docs, but for the full doc loans they are probably not the best. Don't worry too much as many other lenders had to put up their rates too – Macquarie etc so you may have been hit wherever you went.
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
CJWentworth wrote:Thanks so much for your wisdom Terry,I'd still like to know how one would prove that if I pay an extra 5831.90 into my home loan, that it won't be considered as paying off the "shares" portion of the loan… I suppose this is why people generally take out a new loan to invest in shares (via margin lending?)
Thank you again


Hi CJ
This is a trap for young players. If you were to make a repayment to a combined loan like this you cannot elect to repay just the home loan portion, but must attribute the repayment in the same portions. in your case 7.7% of each repayment must go to the share portion.
I think your portions are correct, but check with your accountant as I am not one.
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 Linar. They are your agent which means they are 'you', or acting in your place so you should be able to see the details if you wish.
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 can generally borrow around 5 to 6 times you annual income. Rent can be taken into account and interest deductions too if purchasing an investment. Let me know your income and I can give you an 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
Maybe the accountant is thinking of using the main residence option to avoid CGT completely. You can only be absent for up to 6 years so would need to act soon. If you have a large debt on your new house selling would probably be a good option as you can pay off this non-deductible debt and reborrow to buy more property. Work out if the interest and tax saved would justify the selling and purchase costs.
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



