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Just looked this up, and it only applies to assets not having the necessary connection to Australia.
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s104.160.htmlI think you will still pay CGT in the future if you sell. The CG will be added to your income at that time, But if you are a non resident, then you may be paying higher taxes as the rates are higher for non residents.
I am not an accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Oh. Seek proper advice as just becoming a non resident may trigger CGT straight away.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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First you work out if there is a loss (income less expenses)
Income is $20,500
Expenses
$27,000So there is a loss of $6,500
This income, or loss in this case is added to your other income.
So if you earn $100,000 pa (after other work deductions), then your new income will be $93,500.
Your tax savings will be the tax on $100,000 less the tax on $93,500.or, if you are on the highest rate (45% now in 2007, plus 1.5% medicare), then the saving will be $6,500 x 46.5% = $3022
And don't forget you may be able to claim travel to inspect the property, to the accountant, to the PO box, to the shop to buy things for the property etc. Also borrowing expenses.
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 recently made enquiries with ANZ for a client in a similar situation. Settlement need not occur on the same day. They can keep the loan open by depositing money into a term deposit – this will then act as security temporarily.
Not sure if this would be available thru your lender.You may save a little in fees = application fees possibly, but these are often nil on the professional packs anyway. I think stamp duty on the mortgage may have be abolished in QLD too?
Some lenders have a policy of waiving, or reimbursing a DEF if the client comes back for a new loan in the near future. ANZ do, from memory.
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
One of my clients has 3 properties x-col with CBA (before coming to me!). It makes things very hard.
Even if your valuations come in a bit low you may be able to release a property by paying LMI. It may be best to bite the bullet now and start unravelling this and gradually moving out to a new lender.
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 very common. Buying with people can dramatically harm your serviceablity. With joint loans each person is responsible for the whole debt. If one doesn't pay the others are responsible. The bank can start legal proceedings and eventually take assets of any one or all of the three owners.
It gets worse, because banks will only take into account your share of the rent. So if you have a $600,000 loan with $600 pw rent, the bank will assume each person owes $600,000 but receives only $200 pw.
There is no way around this really, but you may be able to go to a new lender and just list your share of the debt and see if they ask questions.
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 still may benefit from transferring to a trust as this will free up funds which can then be used to pay off the new PPOR loan – if you have one. If you use a discretionary trust it may be that there is a loss which cannot be offset against personal income, but can roll forward to future years. Additionally you may be able to divert other income into the trust to offset the loss.
Another option is, if you own the house jointly, you may be able to buy out your partner, borrowing to do this. In some states transfers between spouses may not attract stamp duty.
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
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.
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 all of your assumptions in the first part are correct.
But you will not be able to get multiple FHOGs on the same house, even with different people. The OSR will start asking questions and may even ask for repayment of the FHOG if the purchaser doesn't settle
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 trust with one beneificiary is possible. It is called a bare trust – but the trustee cannot be the same as the beneficiary, otherwise it wouldn't be a trust.
Discretionary trust deeds are worded in such a way that future children, spouses, step children, step parents, future spouses new spouse (eg. if you later marry and then divorce and your spouse remarries) are all covered. They don't have to exist now, or even be alive now.
So even if you are on your own you can set up a discretionary trust and have hundreds of potential beneficiaries.
Also consider that a company you have shares in or a director of can be a beneficiary, as can charities.
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
Here are two private binding rulings from the ATO on the capitalisation of interest:
Private Ruling 69725
http://www.ato.gov.au/rba/content.asp?doc=/rba/content/69725.htm
Private Ruling 63384
http://www.ato.gov.au/rba/content.asp?doc=/rba/content/63384.htm
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
Discretionary trusts don't get any land tax free thresholds in NSW, so owning in a discretionary trust may cost a fair bot more in Land Tax.
There are also losses to consider. Trusts cannot distribute losses, so if your property is negatively geared, and your trust has no other income, these losses need to be rolled over until they can be offset against a future profit. There are also various rules regarding carrying forward these losses.
Note being able to claim losses and having to pay more land tax may mean you could only buy one property in a trust, whereas you could afford to buy 2 in personal names.
It can be expensive to hold property in a trust initially. But as time progresses you will get more and more benefits such as reduced tax and asset protection. You have to weigh up the long term benefits against these costs.
Maybe go and see a different accountant for a second opinion?
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 Vic, previously anyway, you could sign a contract "and/or nominee" and then switch to the nominee's name at settlement with no stamp duty implications if you had a written agreement with the nominee before you signed the contract, whereby they appointed you to act as their nominee.
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
Not too many lenders would consider lending on a caravan home. If you could get finance it would be more like a personal loan.
Doesn't sound like a very good investment to me. You get no land, but only a building which depreciates as time goes by. 9% is not very good. You could put your money in a savings account and get about 8% without the hassle or risk. How are you going to sell? How do you access the increased equity, if there is any? Think carefully before buying something like this.
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
Don;t think there is any legal way of doing 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
If you have borrowed to buy this property and it is income producing, or you are trying to rent it out, then the interest on the loan should be deductible.
Are you also aware that you can rent out your home for up to 6 years and still not have to worry about CGT tax?
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 Wasp. It is far from certain that the capitalised interest on these cashflow loans can be deductible. As far as I know there is no private ruling on these products. But I think they have good reason to think it is, but not certain.
Also I believe there is no difference in these loans and paying from a LOC or capitalising interest in the same loan. It works the same way.
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 George have a newish product at 100% LVR with no LMI – but they charge a higher rate to compensate, so you would be better off paying the LMI. It is only for owner occupied too I think.
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 just like a business selling a commodity, which is houses in this case. I guess they mean they have positive cashflow because they are making a profit.
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
One of my friends had more than 10 credit cards with an outstanding balance of $230,000! She has now cut them all up (or had them taken from her) and her balance is down to $73,000, so she is doing her bit to help out.
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



