Forum Replies Created
Have you considered buying a home, living in it temporarily and then renting it out. This way you may be able to claim deductions and still have the property CGT free. ie you get the best of both renting and owning.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I'd look at a IO loan with a 100% offset. I personally like the ANZ IO loan on the breakfree package. They are very good with their products and allow the broker to order the valuation (and receive a copy) and they are good for loan increases too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Bacon
There is no right way to do it, whatever you feel comfortable with is the way to go. But I like an IO for a few reasons:
-with an IO loan you can reduce your repayments enabling you to service more investments
– Keeps your loan balance high so can claim more deductions
– Can also save interest by putting money into an offset and then not lose your deductibility if you take the cash out for personal expenses (which you would if you had paid down the loan).Putting money in an offset will reduce your tax deductions, putting the money in an offset on a PPOR would be ideal. you could place the spare cash in an ING account, but then you would have to pay more tax on the interest. Not sure which would work out better if you did not have a PPOR mortgage.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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In VIctoria you will need a written agreement with the nominee before you sign the contract otherwise you both pay stamp duty. This was from a few years ago and things may have changed because people were just backdating the agreements!
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 personally would just use an IO loan and pay all spare cash into a 100% offset account. This will work out the same (if you can control your spending) as paying into the loan in terms of interest, but if you were to ever move out, you would have a high loan and therefore greater deductions than you would if you had paid the loan down.
However, if you build up a large amount in the offset and wish to use it as a deposit for the next investment property, you should then pay it into the loan (to reduce PPOR debt) and reborrow it (deductible).
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 probably claim 2.5% of the building cost as depreciation per year. Then you can claim the depreciation of fittings such as lights, carpets, curtains etc and you will be able to claim certain items of furniture, maybe full cost or depreciation depending on what the item is. it would be well worthwhile to get a QS in.
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 Super
Your unit is worth $400,000. 80% of this is what you could generally borrow without LMI = $320,000. less your current loan of $280,000 = accessible equity of $40,000.
You could then use that as a deposit and costs on another property – subject to serviceability etc.
It may also be possible to just borrow 100% of the value of the new IP too, without using your equity.
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 Dan
I would say, estimated, the following:
468.5-280 = profit of 188.5
Less purchase costs of $37k = 151.50k (don't forget other items such as travel to inspect it prior to purchase, agent's fees etc)If held for more than 12 months, then 50% discount = $75,750 capital gain.
This would be added to your income for the year and taxed accordingly.
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
I would suggest you get an interest only loan since you are planning to rent it out. Having a 100% offset account attached would be great as you could still save interest without paying the loan down.
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 Adam
You should get another opinion on changing the deed maybe as there are huge costs with stamp duty and CGT involved.
Usually if you transfer (sell) an investment property from one trust to another, then there would be stamp duty and CGT – if there is a gain. but CGT only applied to properties purchased after a certain date – around 1986(?). So if your deed dates from 1960, then the property may have been purchased prior to this and may be exempt.
Check out http://www.lawcentral.com.au and http://www.taxlawyers.com.au. Both are associated with the same firm of lawyers who often mention updating trust deeds, splitting trusts etc. They may be able to work a way around the deed.
Maybe the trust could also borrow and lend you some money too?
Trusts work best when you can distribute income to family members on lower income first. Kids under 18 can earn approx $1300 pa without having to pay tax and adults about $11,000 now. So if you have any kids or non working relatives, then you could distribute to them first, and then your sister and then yourself. This should save the most amount of tax – but you also need to factor in your share vs her share etc.
You should probably only invest with the aim of making money, not claiming more tax. If you think it would be a good idea to buy property, then maybe gear up a bit more and this would probably offset the income from the trust for a few years.
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
I am no tax expert but think Captial gains cannot be used to offset income losses. eg if your trust has a property which is negative geared, then the loss is just rolled forward each year until there is income to offset it. Captial gains are not classed as income, so if the property were to be sold, then the loss could not be used to offset the capital gain – the gain must be distributed and the income loss carried forward.
I can think of a few reasons to own your main residence in a trust.
1) if your property is larger than 5 acres and you don't get the CGT exemption, then you may as well use a trust as you are not giving up much.
2) if your property is going to be lived in temporarily and will revert to an investment property once you move out.
3) If you already own a property which you can continue to claim as your main residence
4) asset protectionTerryw | 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
Hi Paul
Is the IP loan interest only? You could also make your PPOR loan interest only as this would help reduce payments.
You may also be able to increase your PPOR loan to 80% LVR and to pay some of the investment expenses from that increase – but based on the values given, you may be only able to increase it by $10,000.
If all of this doesn't work and you cannot keep up, then you may be better of selling. Don't leave it to the last minute so you won't be pressured to accept a low offer, put it on the market sooner and hold out for more.
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
Just be careful. These things often end up with friends no longer being friends. Discuss what happens when one wants to sell, or get out of the deal – how will it happen, what price, what if others don't want or cannot buy them out etc 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
Just think of the trust as a person. They own the property, so any rent they would get would be income and any deductions could be taken off this income, including depreciation. If there is a loss, it is stuck in the trust – just as if you had a loss personally, you couldn't offset that against someone else's 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
You can only claim a place as your main residence once you have lived in it. ie you can move out and still claim it as your main residence. But if you previously did not live in the property, then you cannot claim it as your main residence until after you had mvoed in.
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 you can set up a business.
Stamp duty must be paid up front in most states, but CGT can be delayed until about June the year after the tax year ends. However, if you are in the business of trading in property then you may be taxed on the profits as income – not capital gains.
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
damo001 wrote:Another finance question,
If you are looking for IP's can you claim flights, car hire, etc. If you haven't put a contract or pruchased a property. Can it still be a tax deduction?
No, you generally cannot claim these. They maybe claimable on the sale. But if you are in the business of property investment, you may be able to claim them – check with your accountant.
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 income is too low, then they won't lend. Maybe you could use a No Doc loan where income is not needed.
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 do that, but remember discretionary trusts cannot distribute losses. So if there was a loss you could not offset it against your personal income. When your property becomes positively geared, then you will have a profit which you may have to pay tax on – which you otherwise may not have had to. Then there is land tax, and CGT when you sell.
It may not be a good idea unless you are going to do it short term. ie if you intend to live in the place a short time before moving on.
And don't forget you could also rent the place furnished and claim depreciation on TVs and furniture too.
If any renovations etc were done, then the trust could claim a deduction – depending on what it was that was done it may be depreciation or a repair.
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
gocoastal wrote:Hi,
I have asked this question a while back, however i have had some mixed feedback.Now …..the sale of my PPOR which i have lived in for approx 8-9 months,would there be capital gains tax applicable?.I am moving into another property which was an investment property but now will be my PPOR.? Any help much appreciated..thxIt depends. If it is under 5 acres and you did not have another PPOR at the same time and you did not earn income from your house it will probably be CGT free.
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



