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For starters you should get some sort of agreement in writing on who will do what, who will put it the money, when to sell, what if one party wants out etc. have a look at http://www.lawcentral.com.au for the agreement of purchasing property together.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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RAMS don't generally allow construction loans through brokers. I think if you have a land loan with them already and approach them later, they may be able to assist – this suggests it is not something they specialise in. Assuming it is a low doc, you may be better off with St George or Macquarie Mortgages. If a full doc, St George is my favourite.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Kuade
You can just approach your existing lender and ask for a LOC or an increase on your existing loan. Your existing loan can continue as normal.
Deductibility does not depend on the security, but on what the money is used for. Therefore redrawing on your PPOR loan will be deductible if you use the funds for investment purpose – but only on this portion. that is why a separate loan is good as it keeps things easy when workin out how much to claim at tax time.
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
a pre-approval will generally only be valid for 3 months. You will need to apply again anyway so why not save your credit record from another enquiry you won't be proceeding with and jsut ask a broker it you meet the requirements. That is no guarantee you will get the loan in 10 months time, as serviceability and circumstances change, but it will be a good guide.
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 only way it could apply is if the lender would lend to the trust without a guarantee. Over the years I have asked around and have yet to find a lender willing to do this.
Another way is to not tell the new lender about the previously guaranteed loans. Whether you would get away with it would depend on the wording of the application form and how stringent the new lender was in looking at the client's credit report. All enquiries for loans guaranteed will usually be listed on the guarantor's personal credit report.
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 just an old wives tale.
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 he has a signed contract with all the conditions fulfilled, then I believe the other party cannot pull out without penalty.
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 suggest IO on all loans as it reduces cashflow enabling you to service more debt. Any spare funds should be diverted to pay off non-deductible debt first.
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 suggest IO on all loans as it reduces cashflow enabling you to service more debt. Any spare funds should be diverted to pay off non-deductible debt first.
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
Tysonboss1 wrote:Terryw wrote:Wraps take a lot of work for little reward. You will make more money buy and hold – from my experience.Also, most lenders will refuse to lend if they know you are onselling the property on an installment contract. Even if you are using lease options you are supposed to get the lender's permission.
Wraps are to provide more cashflow into your portfolio so you can "buy and hold" more property neg geared growth property.
so by having a few wrap deals you will be able to buy more properties, how is this "little" reward,….
Wraps can eat up serviceability making it harder to get more good properties. Making $200 per month or so doesn't seem worth it for all the risk.
I have previously done 6 wraps, but wouldn't do anymore.
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 again.
Yes, it was Steele v FCT in 1999. Since then the ATO has released a tax ruling:
TR 2004/4
Income tax: deductions for interest incurred prior to the commencement of, or following the cessation of, relevant income earning activities
http://law.ato.gov.au/atolaw/view.htm?locid='TXR/TR20044/NAT/ATO'&PiT=99991231235958See this legal newsletter for a brief explanation
http://www.kdjohns.com.au/files/briefly_in_tax_mar2006.pdfThe case is
Steele v. Deputy Commissioner of Taxation (Cth) – (4 March 1999)
http://law.ato.gov.au/atolaw/Browse.htm?ImA=folder&Node=4~3~8~8&OpenNodes=,4~3~8,4~3,4&DBTOC=05%3ALRP%3AHigh%20Court%3A1999%3ASteele%20v.%20Deputy%20Commissioner%20of%20Taxation%20(Cth)%20-%20(4%20March%201999)#4~3~8~8Terryw | 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
It doesn't really make any difference. Future lenders will generally look at guarantees the same as having the loan in your own name – you have the same responsibility.
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 you can probably claim the interest if you intend to rent the property out. There is legal precedent, I think it is "steele's case" where they were able to claim interest and costs such as rates etc on vacant land.
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 don't need to do anything really. Just rent out the place and declare it in your tax return when the time comes.
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 Tugger
Becareful about paying down the existing loan. In a few years you may wish you hadn't if you decide to buy an main residence. The money will be trapped in the old loan and, although it could probably be redrawn, withdrawing it will create tax problems. A far better way to do it would be to put the money in a 100% offset account linked to the loan.
All loans should also be IO to reduce expenses and help you growth faster.
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 it might be messy from a legal angle. Stamp duty on the transfer and CGT possibly, not to mention what this will do to the loan on the property – the new owner will need to go on the loan or at least guarantee the loan somehow.
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 Mark
Looks like your on a very good salary, so you should be able to save a heap – especially if you are only paying $15 rent.
I would suggest you not put the spare money into the home loan as it can cause problems if you wanted to take it out later (from a tax POV). Why not look at using the equity in the existing house to buy a new house for ivnestment and then get an offset account attached to this one. Keep saving into the offset and keep repeating the process. In the meantime you may want to stash your cash in an ING or a high interest account. BTW, all loans should ideally be IO.
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
Simon C wrote:Personally, I'd keep renting and buy a number of IP's with a strategy to increase your wealth over th long term. You do not get any incentive tax wise with an PPOR.
Simon, what about the CGT exemption for main residences? that sounds like a good incentive to buy a PPOR.
But I agree that renting can be a good thing and it is possible to have the PPOR and not live in it – rent it out and get the CGT exemption.
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
okkamooie wrote:Hi MicmanOne of the goals of property development is to reduce non tax deductable debt and increase tax deductable debt.
With this goal in mind, I would pay as much as you are comfortable onto your PPOR (Reducing your non deductable debt) and then set up a Line Of Credit for the investment property(s) and borrow 100% uning your LOC as a deposit (increasing your deductable debt).
Don
Sounds like a good idea Don.
Micman, maybe you could sell your shares, place the money into the home loan, and then borrow to buy similar shares – watch out for ATO though. This would help reduce non deductible debt.
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
a lot of the low doc lenders have increased their rates more than the 0.25% recent RBA increase – some by as much as 1%.
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



