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I live in Sydney and am a mortgage broker.
I would recomend Mike at http://www.guardianpartners.com.au as a good accountant knowledgeable on trusts and property investing. Not so sure on good solicitors though!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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James
Are you saying you are going to live in the property? If so, negative grealing wouldn't apply? (or maybe you will move in and out before renting it and then claim the main residence exemption on CGT).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Bank Managers often give poor advice – which they legally shouldn't.
Do you have a loan on your PPOR? ie non-deductible?
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
There are also tax consequences to be considered. You cannot claim a property as your main residence until you live in it first. If it is not a main residence you may have to pay CGT if the place is sold.
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 should be able to claim either – or a portion of either.
Maybe you have heard about the double deductions available on laptops – this is where the employer buys a laptop for the employee and claim a deduction, the employee is also able to claim the deduction. This is only available on items exempt from FBT such as laptops (but not desktops), PDAs, Mobile phones and brief cases etc.
I think there may be some more information at http://www.bantacs.com.au , look for the pdf booklets.
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 would ask why are you paying PI on your loans?
I assume your loan on your own home is paid off, but it would still be an idea to keep all loans IO and pay any extra into an offset account linked to one of these. This would be better for tax reasons if you ever needed access to those funds for non-investment purposes, it would also allow you to use the funds saved in the offset to cover the repayments in an emergency and it would allow lower monthly repayments.
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
James
I think many lenders will allow spouses to guarantee the loan with one name on title.
Also you may want to consider the long term effects of your actions. If you are the owner and also the highest income earner, then what happens when you sell = you end up paying more CGT.
Your property would only be negatively geared in the first few years too, with the tax savings gradually decreasing each year as the rents increase. Once the place is positively geared you would be paying even more tax if you were the owner.
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
hi Trustie
Sounds like a good deal to me. If your daughter can pick it up for market value, the combined value of your properties should be higher because of the development potential. Even if you do nothing for years to come it is possibly better than buying 2 separate properties..
What you could do to help your daughter is to lend her the money over what she can borrow. But get contracts etc drawn up properly for tax reasons and legal reasons (you could have a falling out, and/or one of you could get into trouble with others).
If you are contemplating developing in the future, it may be wise to speak to an expert accountant to work out whose name the new one should be purchased it – yours, daughter's combination or trust etc.
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
Hi Marc
They were under market valuation (CBRE) plus he was offering vendor finance and I think paying the stamp duty. He had done a big project and just wanted to get rid of the remaining few so he could move onto another development. I beleiv ethey were genuinely under market value – but all gone now anyway.
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
First of all, do not beleive anything an agent says.
You have signed a contract and it is still an offer to the other party until they accept it. They accept it by signing the same contract or a copy and you have not secured the house until you have that in your possession. If the other party's offer falls through, the vendor could still accept your offer and you would have a binding contract. If you don't want to proceed you will need to withdraw your offer as Linar indicated. Do it in writing, maybe via fax as well as delivery so you will have the fax receipt as proof.
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 should be able to get a lease pack from the RE Institute in your state, I think. There are also some available online, I think again, maybe at http://www.docdownload.com.au/
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
Just think of the company as a 'person'.
Costs associated with investment would be deductible. If the rent is not enough to cover this, you will have a negative geared property and this should be able to offset other income the company has, if any.
If you wish to pay off a loan, you cannot claim the principle as a deduction as it is not an expense – you are just repaying what you borrowed. But you could pay off the principle before paying tax – but you should probably be careful not to leave a shortfall or the company may need to borrow to pay tax.
A company can rent a property to a shareholder or a director, but you should be careful to do it properly as directors are required to act in the best interest of the company etc etc And there may be many issues from a tax perspective too – such as FBT.
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 have a client who purchased a place for $29,000 and a year later is getting $700 pw rent. Not a bad yield.
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
philbamback wrote:Problem I see with all those trusts mentioned is they have a vesting date i.e. an end date and therefore a CGT trigger for someone (maybe you will be dead but someone!), imagine the Capital Growth and subsequent tax on a 50 yera property hold that you are forced to sell because your trust is at an end!
I use a hybrid DT with no vesting date (thats what I beleive you are looking for) so I perpetually pass on my assets to the next generation without triggering a Capital Gains Event.
Its a long term tax planning view but one that I feel is very undermanaged. Also handles all the asset protection, -ve geared bits you need.
Also, I do not hold more than 3 properties in each trust depending on size for further protection.
Hope that helps.
Hi Phil
I agree that it is a worry having your assets in a trust with a limited life.
Are you confident your trust will hold up in 80 years? I know there is a firm promoting these sorts of trusts which supposedly do not end, but I was speaking to a solicitor specialising in trusts and he said the law was unclear on this area and that it was a weak argument.
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
9ball wrote:Hi All,just wanted to add a bit to the original post.
Lets say the original property (make it an IP) was worth a bit more and you refinanced it.
Instead of using the extra equity to buy a car you used it to pay off your PPR.
You now own your home outright and decide to get a LOC against your home to purchase further IP's.I know the original loan was used to pay off a PPR loan but the ultimate purpose was to create a tax efficient structure to buy further income generating assets.
My questions are
1. Can i claim a tax deduction on the extra interest payments on the first loan?
2. Am i correct in understanding that i can claim a tax deduction on the LOC interest costs?Thanks for your help,
Cheers,


9ball.
Hi 9
If you used extra equity to pay off a PPOR loan, you are really borrowing to pay a loan. It is the purpose of the borrowings that the ATO looks at. So in this case, you would be borrowing to pay a PPOR loan = not deductible (this portion of the loan).
If you set up a LOC on your main home and use that to buy investments, then the interest should be claimable as the purpose of the loan is investment (each withdrawal from a loan is considered new borrowings).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi HK
You should easily qualify for a loan here straight away.
Buying a unit for cash could be a good idea as you would have a PPOR which would be CGT free. Once you have this property, you could mortgage it and purchase more investment properties using the initial loan for deposits and costs and borrowing the rest.
Renting initially and investing can also work, but you would be paying off someone else's mortgage and you would not have a CGT free asset growing for you.
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
Hi
It is probably best to set up a new structure here. hopefully your NZ trust deed is worded so that any trust you set up would be a beneficiary.
Tax issues involving 2 countries are very complex so you should seek good advice. Eg. if you come back to Australia and become residents for tax purposes you could be up for CGT on the NZ properties which would may not have had to pay if you stayed there (last I heard was that NZ didn't have CGT).
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 personally wouldn't use one of those so called cashflow mortgage products. But I would use a LOC to pay for any shortfall which is essentially the same thing with less costs. Properly structured this would help you pay your PPOR loan off quicker and give you greater tax deductions and it would look less like a scheme to avoid tax in the eyes of the ATO.
As for living off equity, I would do it too, or maybe supplement other income by taking a bit from a LOC, but it would be a bit scary if you are doing that for a few years without property prices increasing – like in Sydney now. So you need to be careful there 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
With your wife not working, she will not be saving much tax if she doesn't pay any, so buying a negatively geared property in your name would save the most tax – income tax. But if an investment property was in your name, and you were the highest income earner, and you sold that, then you would have to pay much more CGT.
So you may save a bit of tax initially, but it could cost you more in the long run.
Also consider that the property may only be negatively geared for a few years. As the rents rise you will get to the stage where it is positive geared and then the income will be added to the owners other income. If you are the owner = more tax.
Another factor is that your wife may start working in the future, so circumstances will change.
That is why buying in a discretionary trust can be good. BUT trusts cannot distribute losses, so you may have a few years with negative income in the trust which you cannot offset – other than against other trust income. In the long run, hopefully, the benefits will outweigh the initial costs.
And tax is not the only thing to consider. I don't like units because of the low land content. Building is good because you can gain some instant equity and get some more depreciation benefits, but you can have more interest initially due to the costs during construction when no rent is coming 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
virgininvestor wrote:Hi,When will this end?


Never, unfortunately!
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



