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It depends what you want to do long term. If you never intend to return to your home, it may be better to sell. Otherwise you will be paying rent with after tax dollars and then be paying tax on the rental income.
Terryw
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Maybe you could use a discretionary trust with both of you as trustee. Both incomes would therefore be used to calculate serviceability. The CG could then be distributed to the person with the loss first.
You also do not mention if these will be investments only or a mixture of both.
Terryw
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Martin
A trustee can be a beneficiary. I am a trustee of my trust and a beneficiary.
Terryw
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On 95% loans, it is roughly 2% of the loan balance. Maybe a bit more if the LMI is added to the loan.
Terryw
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regarding the capitalising of interest on an investment property, then this is not necessarily a no no.
I have heard that one person was paying an investment loan with a LOC (no it doesn’t have to be a LOC!!!). She then only pay the interest on the LOC.
eg. $500,000 loan, monthly interest is $2916. This interest is paid with money drawn from a LOC. ie it is borrowed. In the first month, the interest on the LOC balance (of $2916) will be $204. This is paid for with cash. So you are borrowing money to pay interest, and then paying the interest on this money.
This is one way.
Another way is to simply borrow money from the LOC to pay the interest and to let it capitalise.
There are plenty of businesses that operate this way – on borrowed funds. Running a property portfolio is a business.
If you are using a company or trust it should be easier to do.
BUT I am not an accountant, so please don’t try this at home unless your accountant is happy to proceed.
ps. Any accountants out there willing to comment?
pss. I am not doing this, as my home is paid off, but wish I had found out about it sooner.
Terryw
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Rob
I think I read about that AAT case in a newsletter from Julia of Bantacs – who no longer posts here. The case invloved a copuple in the ACT called Janmor or something similar. I will try to find it.
Terryw
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Rob,
yes i do like LOCs. This was mainly because I used to put all clients to ANZ who do not charge any extra. (but I am getting sick and tired of ANZ lately). Using a term loan instead of a LOC would work fine.
Terryw
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When applying for finance, lenders will have often a computerised scoring system. You get a point rating for stability of employment, address, number of enquiries for finance etc. This assessses the probability of you defaulting on the loan etc
Terryw
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The Hart’s case only referred to a specific situation. There are still many people in property and business who capitalise interest legally. If you do this, your tax deductions rise, while you non deductible debts decrease faster, saving money.
My example with the rates was referring to rates on an investment property. Of course, if their loan had a redraw facility they could pay the rates from their home loan with the interest being deductible. It would be ideal if the redraw was free and they had a split loan to keep the accounts separate for tax purposes.
Terryw
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That’s the first I heard of it!
Terryw
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In Sydney, the ideal time to sell would have been about 12 months ago. Valuations are comming in low these days, eg $600,000 last year, $500,000 now. It seems to be pretty flat now, but should pick up again. Just wait for the pickup to occur.
Now is probably the ideal time to buy.
Terryw
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Originally posted by The Mortgage Adviser:You would never make a profit on the rent if you set the loan up as interest only and increase it for further investments as required.
Robert Bou-Hamdan
Mortgage AdviserThe trust would have to charge you market rent. Even if you had an IO loan, the rents would gradually rise and it would become ‘positively geeared’. it may take 12 years or more to reach this level.
If you were to increase the loans, that would be fine, but the interest would be attributible to the purpose of the funds. You could keep on gearing tino buying shares or proeprties etc to offset the positve income.
I suppose even if you were making a postive income, with a trust you could distribute to low income earning beneficiary, so tax should be minimal.
Terryw
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According to the Tax Payer’s guide (published every year), there is no need to claim rent received from flatmates etc as it is not taxable income. A friend also told me the ATO also said the same thing to her.
But you could declare the income and then claim a perscentage of the costs. If it was a two bedroom place, and one room was rented out, I would suggest you could claim half of everything.
But beware. This could make you lose the CGT exemption. So saving a few hundered dollars now, could cost you thousands later on.
Terryw
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Rob I just read your article and agree that often offset accounts are better.
But in one of your examples, you had the clients drawing down a loan at settlement and then putting the money in the offset account. The net interest bill will be initially nil, as they are balance. But if money is taken out for say a deposit on an investment proeprty, this is where things could go wrong.
The interest on the loan would start being payable, as the offset account has reduced, but this interest may not be claimable. The reason is, the money was not borrowed, it was taken from a savings account. By putting it into the savings account, the direct link between borrowing and investing is not there.
The ATO has recently disallowed the claiming of interest in a similar case. They appealed to the AAT, and lost from memory.
A better option would be for them to draw down the loan fully, and immediately put the money back onto the loan (making sure it had redraw. This way they could still draw money out, which would be borrowings, and the interest could be deducted (if used for business/investment).
Many banks charge a small fee for redraws, but this would be minor when compared to the interest being saved in this loans compared to a higher rate LOC.
Terryw
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Say your mum had a $500,000 LOC. She could lend you $20,000 for the deposit on a $100,000 property, and maybe another $4000 for costs.
You could then get your own loan of $80,000 for the remainder.
Hopefully in a short period, the property would increase in value to say $130,000 and you could then increase your loan to 80% of this or 104,000. This would be $24,000 extra which you could use to repay good old mum
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Sounds like you do not understand what you have done.
Have you sold a house on an installment contract? If so, they payout figure is the amount remaining on their loan to you, with any exit fees etc (if in your contract) added on top.
Have you been issuing them statements? If so you should know how to do it. If not, you should contact the person who set this up for you, or maybe your accountant.
Terryw
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Rob
Capitalising interest can help you pay off a home loan faster! Despite what you may think, if done properly interest is claimable.
There may also be times when people have no choice but to skip a payment, so it can come in handy.
And what about this scenario:
A person has a home loan with an offset and a LOC securred against the home loan. They want to pay rates of $1000. They could get the money from their offset account, but the interest would go up on their home loan. If they took the money from the LOC, they could claim the interest on this portion and their home loan would still have the lower interest from keeping their money in their offset account.Terryw
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There was a list on the Vendor Finance Association website a few years ago- don’t know if it is still there.
If not, maybe Tony C could recomend someone.
Terryw
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Please speak to an accountant before you sign. once you sign it may be too late to change.
I would suggest a company be out of the question, and you should look at a discretionary trust or a hybrid trust if you need to negative gear.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Now may not be the ideal time to sell, as the market is flat. What about buying a place you would like to live in now, and rent it out for a while, claim some deductions etc, then sell later on.
Terryw
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