Forum Replies Created
Cornel
Since you have been living in your property, you could probably continue to class it as your main residence even tho you are living elsewhere. you can do this for 6 years as long as you do not class any other property as you main residence at the same time.
You could withdraw equity form you property and put it in the bank, but why? You would be lossing out as you will be charged around 7% interest, but will only be getting around 5%. You may be better off to leave it there until you need it. maybe set up a redraw facitlity now to get it all ready. You may also not be able to claim the extra interest on this as a tax deduction-depending on what it is eventually used for.
You will not be charged any tax on the equity that you borrow because it is not income, just borrowings.
Terryw
Discover Home Loans
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Leonid
The trust method described sounds feasible. Just bear in mind that this will affect your loan serviceability for future loans. Are you sure they do not qualify for a loan on their own?
For your parents in law, it may depend on their residential status. ie are they permanent visa holders or citizens? If not, then they may have to get the approval of the Foreign Investment Review Board, which is usally only available for new property.
Maybe you could form some sort of JV with them too. They would supply the deposits and you could get the loans. Somesort of trust structure would be good wiht this too.
BTW, I am not an accountant, so pls check with one.
Terryw
Discover Home Loans
North Sydney
[email protected]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
No losses can be distributed from a trust, including hybrid trusts. The losses will be calcuated each year and can be rolled over and overset against future income.
With hybrid trusts, there is a way around this by the unit holder borrowing to by the units in the trust. That way the ‘loss’ goes to the person rather than the trust. Since the trust is not paying interest, it would probably make a profit, this could even be distributed to someone other than the unit holder.
In your situation, if you have other investment income outside of the trust, then this can’t be offset against a loss in the trust, but may possibly be reduced by using the hybrid trust. If you only have losses, then these will just be rolled over.
That is my understanding anyway.
Terryw
Discover Home Loans
North Sydney
[email protected]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
David, it also may depend on if you wish to class another property as your main residence for the same period.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Any trust can carry losses-I beleive indefinitly until a profit is made.
Troyid, maybe you company shares can be owned by a discretionary trust. All profit could then flow to the trust and from there distributed elsewhere at the trustees discretion. (possibly with franking credits).
Terryw
Discover Home Loans
North Sydney
[email protected]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
Points can really add up when you have several properties and pay for all rates, repaiors, insurances etc.
Seven is right about limits. Banks usually take 3% of teh card limit and add it to your monthly expenses. They do this whether or not you pay it off in full every month.
Terryw
Discover Home Loans
North Sydney
[email protected]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 beleive GE mortgages offer a 40 yr PI loan.
Terryw
Discover Home Loans
North Sydney
[email protected]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
that was number 1000.
Terryw
Discover Home Loans
North Sydney
[email protected]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 guys!
Terryw
Discover Home Loans
North Sydney
[email protected]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
Welcome back Stuart.
Terryw
Discover Home Loans
North Sydney
[email protected]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
From the wrappees perspective, I beleive wraps are great. Many people would be paying much higher rates and huge exit fees if they went to a non conforming lender.
From an investors perspective, I have done a few wraps and probably wouldn’t do any more. The returns are not worth the effort and hassle. It also hurts your borrowing capacity by using your resources which could be invested elsewhere for higher returns.
Terryw
Discover Home Loans
North Sydney
[email protected]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
disgruntled ex-partners are a great source of info!
Terryw
Discover Home Loans
North Sydney
[email protected]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
However, having many enquiries that you haven’t gone ahead with is not such a good thing. It is best to limit applications where you can.
Terryw
Discover Home Loans
North Sydney
[email protected]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 ATO has various methods of checking up on people, but one of the best is the old human intelligence. ie people dobbing tax cheats in. They have data matching software, but a lot of people fall thru the cracks.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Mel. I beleive that knock backs aren’t recorded on the CRAA file. Only applications are recorded – it doesn’t indicate if you went adead, passed or were declined.
Terryw
Discover Home Loans
North Sydney
[email protected]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 it would apply as she lived in the house originally. Be careful because ‘couples’ are only allowed one main residence between them, since you are only just married it shoud be ok.
I remember reading a tax ruling about this topic (getting married and having 2 PPORs). You could probably find it by doing a search. From memory, you may have 6 months where you could have 2 main residences.
Terryw
Discover Home Loans
North Sydney
[email protected]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
There are also 2 books on trusts by an Australian guy with the surname RENTON.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Scott, i don’t think it is this simple. The ATO wants to tax you on your worldwide income. Some countries have taxation agreements with Australia so that working in those countries won’t result in double taxation.
If Myydral is not required to pay tax in Malaysia, then he or she may have to pay it here.
Terryw
Discover Home Loans
North Sydney
[email protected]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, you could borrow to pay off your home, but the interest on these borrowings would not be deductible. It may give you piece of mind tho, having a clear title on your home.
Another thing you could consider is selling one of your properties to a trust. This would release the equity, but you would be up for CGT and stamp duty, so the interest saved may not be enough to justify it.
Terryw
Discover Home Loans
North Sydney
[email protected]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
There are a few lenders that offer 100% home loans 9ie secured on the one proeprty). The requirements are very strict and mortgage insurance is payable (approx 2.6% of the loan amount!).
You still need a certain amount of savings for all the costs and LMI. Only available for metropolitan areas, good employment record, no high-rise units, etc.
Terryw
Discover Home Loans
North Sydney
[email protected]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



