Forum Replies Created
- Scottybe wrote:No Terry thats not what i mean at all, i realise this happens all the time.
What i am asking, can someone refinance investment property and use the extra money for non investment lifestyle type purchases. E.G a pool for their ppor or a holiday to Greece etc? AND still claim all interest on tax? How would the coffers know what the money was being used for?Thanks.
But if you were to refinance and take extra money, your deductions will suddenly increase compared with your last tax return. If you do not have any other income source, new property, share dividends etc in your tax return, the ATO may wonder what you used the money for. They can then send you a questionaire to fill out which may ask questions such as did you refinance any loans, or increase any 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
Capital gains tax has nothing to do with debt. it will be the same no matter what debt is on the property, but you will have to repay the loan eventually.
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 No Docs you should not be stating any income at all. And what is the $6000 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
I think you can claim negative gearing benefits on overseas property. Do a search on the ATO site and also look at http://www.bantacs.com.au as they have some excellent brochures available on various tax topics. They seem to be very good accountants 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
Borrowed money is not income so therefore you wouldn't have to pay tax on money borrowed to live on – but you would have to pay interest.
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 you could use a No Doc loan where serviceability is not tested?
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
Thanks Dave
I checked with a Tassie solicitor today and was told you can do it, but will be hit with stamp duty twice if the nominee is a non related person or entity with a different ownership, eg a discretionary trust with several beneficiaries.
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 believe that with a sub-division the titles must stay in the same names as the original title or there will be stamp duty payable.
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
St G have come back saying loans personally guaranteed will need to be declared 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 agree it is the date of contract. So you could buy off the plan and resell on settlement 12 months later and still get the 50% CGT discount.
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
How could borrowing to buy a car work?
It happens all the time. People borrow to purchase a car which is to be used for business purposes. It is not a loophole, but can be a legitimate expense if your business needs a car.
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 PP, but if you buy a car, the interest may be deductible (or part of it) if the car is used for business purposes.
If you do claim the interest, the ATO could possibly track you down by realising the interest you are claim has suddenly increased and therefore you must have borrowed more. So they could pick it up and then ask you what you borrow the extra bit 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
You cannot claim the interest on money used for personal expenses. But you may be able to pay all expenses of your properties with your LOC, thus reducing your cash used leaving more for your lifestyle. If you do it properly you may be able to pay for any cashflow short fall with the LOC (if negative geared for example) OR you may even decide to borrow to pay the interest on your investment loans.
Other tax consequences: Leaving your CGT bill to the ATO.
Imagine if you purchased a $100,000 property and this grew to $2,000,000 over the next 20 years. If you then took out your loan to 90% of the value = $1,800,000 and used this money to have a great holiday, purchase that hip replacement, kidney transplant etc.
What happens when you die? The property will be sold and the loan paid back with $200,000 remaining, but a capital gain of $1,900,000. Assuming your estate only had this property it would have assets of $200,000 but a capital gain of $850,000. (tax of around $391,000).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, it is not easy. You will need to find someone willing to lend you the deposit, or the seller owner willing to lend you the deposit.
I have received an email from a developer trying to offload apartments whereby he will pay stamp duty, and lend the deposit. You can email me if you want his details.
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
1) Yes,
2) The developer could sub divide the land first and then have title, with the construction still to be completed.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
thats a good idea.
there is one available at http://www.lawcentral.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
Its something I heard about years ago, not sure if things have changed. I can't even remember what the licence is called now, but it would probably be covered by the dept of fair trading over there.
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 a company the shares have value, so if you hold the shares and you are sued personally, the shares at at risk. Creditors could get their hands on them and hence your property. A way around this is to hold the shares via a trust, or possibly better use a trust to own the property.
Another disadvantage of a company is that the information behind it is easily searchable by the public. You details such as place of birth, address, age etc are out there for all to see. This is not the case with a trust – they would only be able to find the trustee on the land titles database – but of course if the trustee is a company, they will be be able to search the directors and shareholder's details, but not the beneficiaries.
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 it is possible to claim interest on vacant land with a few conditions. Ask you accountant to look at Steele's case for justification.
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 believe wraps are legal over in WA if the person has the required licence.
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



