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It would probably depend on the amount of rent compared to the interest. If you will be making a loss, then you may as well claim it, if making a gain, then you will be paying extra tax.
Don’t forget to take into account depreciation, interest, loan establishment costs etc.
Terryw
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You might as well just find the lender first and then do the valuation through the bank, otherwise they bank will not accept your valuation and you will be paying for 2.
Terryw
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Sometimes you can argue the case, and get them to do a full valuation.
If you are increasing your loan, then the repayments will naturally increase, but these extra payments should be attributed to the new purchase.
Terryw
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From an interest saving point of view, they are both the same. But from a tax perspective totally different.
If you use a redraw, you can get inot trouble. Each time you place money in the account, you are paying down the loan. Each time you withdraw money, you are borrowing new money. So you can probably see that deductability will depend on what you use the money for.
If you use a 100% offset account, you are not paying any extra off the loan, but placing the money in a separate account. So when you take money out, you are not borrowing more money. The interest on your loan would increase, and the deductability wouldn’t be effected.
Of course, if you just have a home loan and are not investing, deductability would not really matter.
Terryw
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Carlin
You just apply for a loan increase. Tell them it is for further investments. very simple. Some banks may only require a shorter application form to be filled out, depending on the amount. Many banks allow valuations to be done every 3 months.
ANZ is a good bank for increases, under $100,000 it is only a 2 page app form, and they allow a valuation for free 3 times per year if you are on the breakfree package.
Terryw
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If you own a property outright, there is hope!
Terryw
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Like some sort of wrap.
Yes this will effect borrowing capacity as you still have a loan. But they are paying this, so you can declare this as income.
Terryw
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Looti
I can’t understand why anyone would do that. Do you mean they are going to pay you in full now, and let the title transfer later? This is very risky for them!!
If so, you could just pay out your loan now, or just pay cash for the next property.
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Kiwi
Who approved the release of deposit?
The deposit was used to pay agent’s costs, so what happens if the sale falls through? Agent will probably have a clause in there to enable them to keep the deposit. You would have to chase the vendor for it.
Don’t think you can blame the solicitor for anything.
How much is the shortfall?
The lender won’t be happy either. They may have to face a loss if they foreclose on the property and then sell it for less, so you may be able to negoitate with them. You can find out who the lender is by doing the mortgage search.
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Hi Carpe
Sounds like you have a good asset base and low debt, so you living off equity would be a great option.
Make sure you read the topics discussed at the somesoft forum, especially the posts by Steve Navra, and there are more posts at http://www.invested.com.au
Good luck
Terryw
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Hi Kiwi
This actually happened to me a few years ago. What I did was negotiate with the agent to take a lesser commission (he wanted to save the sale and get at least something out of it).
In your case you may be able to do the same, depending on how much the shortfall is. You can get a copy of the mortgage throught the land titles office, so you know how much you are dealing with.
The owner may have got a 95% loan initially, and then an increase while the market was high. Then the market dropped.
There is not much you can do. Either give up or complete the purchase by putting in more money, and then chase the remainder from them.
You cannot just put something against their credit file. You will first need to take them to court, sue them, and get a judgement – should be easy to do on your own.
Terryw
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Carlin
You can just increase an existing loan, take the extra money and use that as a deposit and borrow the rest from a different bank.
Terryw
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Yeah, brokers shouldn’ advise on structures unless qualified in accounting or law, but they may be able to give some suggestions for you to research.
I think Steven from this forum is in Melbourne.
Terryw
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I’ve often thought about it. If you had enough property in the one area, you could employ someone full time. This would save costs, while greatly adding value to your property. They could do repairs, improvements, gardening, etc Could maybe even get an apprentice.
Terryw
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try http://www.lawcentral.com.au
look at the buying a house togther agreement, etc.Terryw
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Yes, I agree with CATA, best to keep things separate. But if you have your business run thru a company, then the one trust could probably own those shares as well as the properties. Shareholders of a company are not at risk of being sued – but I know Cata may disagree with this. Best to seek legal advice.
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A caveat would prevent them increasing the loan or changing the loan type. Lenders will do a title search and find the caveat and will not, and cannot, settle while the caveat is still there.
Terryw
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Hi Grant
Just make sure the savings account where you park the money is initially empty. Otherwise you could be mixing funds which could render you without the ability to claim the deduction.
Ask you accoutant about the recent Domjan case:
Domjan and Commissioner of Taxation [2004] AATA 815 (5 August 2004)
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/aat/2004/815.html?query=%5e+domjanTerryw
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Some branch managers used to have, and maybe still do, the authority to approve loans up to a certain level of LVR and amounts.
These days, data is entered and the loan is usually approved by computer. If rejected, then it may be manually assessed. There may be some slight discretion, but not much usually.
Some lenders have LMI people actually sitting in their offices, and once the loan is approved by the bank, it must then be approved by the LMI person – if LMI is applciable
Terryw
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You cannot just add your name to the title. You have to tranfer ownership, ie buy = CGT and Stamp duty. But since you are a defacto you would probably be able to do this without paying CGT and stamp duty.
Better speak to a lawyer or get some free legal advice – do a google search
Terryw
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