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If he has a job he may qualify for a loan on his own. There is only a need to show genuine savings if borrowing over a certain LVR – about 85% wit some banks.
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 be silly!
Super is taxed at 15% going in, whereas you may be taxed at 47% otherwise. Earnings inside the fund are taxed at 15%, what has you may be taxed at 47%. And once you meet a condition of releases the fund could be exempt from income tax and CGT nd you could be drawing out the money tax free. Super is a tax haven.
Fees depend where the funds are invested. They could be very low in a SMSF.
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 could lend him the entire amount he could purchase the property in his own name. You should take a registered first mortgage to protect yourself (and him, from spouses, bankruptcy etc). Once he has it rented and when he gets a job he could refinance your loan with a mainstream lender and you will get your money back. This way there is no extra stamp duty or CGT to worry about.
The downside is that he may not be able to refinance – but but it wouldn’t be too hard to qualify for a small loan like that with the property rented and a small income.
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 trusts do get access to the 50% CGT discount – or the beneneficiary will if an individual.
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
Changing title = stamp duty and CGT at market values. New loans too.
Can you lend him the full purchase price?
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 charge $550 for structure consults for non clients. There is no simple yes or no answer, but if you want to claim negative gearing you will have to own the property, or the units in a unit trust. To be able to claim the interest you must have a right to the income and capital.
Unless your daughter is 18+ she could only earn $416 pa and not pay tax. Any more than this and the rate jumps to 66%.
There are still of lot of ways to structure a property effectively where it is owned by an individual. See my old newsletters for some articles.
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 recall reading that there are several SMSF with funds of over $100mil that are in pension phase and earning tax free income.
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 am a financial advisor too – see http://www.finwealth.com.auu
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 really, unless 2 properties are securing one loan. But it is not entirely as safe as going to a separate 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
Best to avoid a joint loan if possible, for 3 main reasons
1. Unnessarily exposes the non owner to risk
2. hurts the serviceability of the non owner, and
3. Offers no benefits at allTerryw | 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
Is it correct to say that I pay back the LOC in part or in full, then only extract money from it again (in part or in full) for other investment purposes?
Thanks.
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This sentance is unclear.
If you have a LOC with a limit of $100,000 but a balance of $0 and you go and buy a golden potato peeler for $1000 the balance is ow $1000 and this is a private expense. No interest deductible.
But if you go and deposit $1000 into the LOC you will be paying the loan down to $0 again, so if you borrowed $50,000 for a deposit then the interest would generally be fully deductible as there is no mixing.
But if you borrowed $50,000 before paying pack the $1000 it would be a mixed loan and the deductible interest would be 50000/51000 x100 = aboout 98%
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 you can’t. Both stamp duty and CGT will be assessed at market value. There will also be tax and asset protection issues with receiving a gift so best to structure this as a sale at full market value, properly contracted.
consider also parents just keeping as is to save costs. It could be gifted to you eventually via the will with no stamp duty or CGT triggers.
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 offset will be linked to PPOR deposit/loan as this is not deductible anyway. The funds in the offset account will be used for next IP and a seperate loan will be created for the 2nd IP as this will still be included as the PPOR loan now being lets say 200k against PPOR loan
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My advice is don’t do 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
You are borrowing now to invest in a savings account. later you will invest. This breaks the direct connection between the borrowing and the production of assessable income. you might still be able to argue the interest is deductible as you can trace the borrowings.
But if you put $1 or more of cash into that offset account it will be a mixed loan and you will have to apportion the interest.
This is why a LOC is better – it can be set up now but you then borrow to invest at the time of the investment by just transferring the money then.
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
Best to get a lawyer who can advise on building contracts.
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 you could borrow extra and have the cash deposited into an offset account.
But, better not to do this as you will run into tax problems. use a LOC instead.
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
Still not clear.
Sounds like you are borrowing $240 secured against the PPOR and will then place this in an offset account = Not good.
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 a good set up.
1. What do you mean the deposit of the IP will be in the offset? if you borrow to park into an offset you run the risk of destroying the deductibility of interest. If you are saving a saving a deposit in the offset then you are wasting deductions as you will be using cash for an IP while you still have non deductible debt
Why would you want an offset account on an IP while you still have non deductible debt? You would be throwing money away by doing this.
Please elaborate on the last sentence.
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
Generally deposits are held in trust for the vendor. This means it is still your money until certain conditions are met – such as completing the contract.
I just reviewed a contract which allowed release of deposit and I quickly struck this clause out as there is a risk the vendor won’t complete and could go bankrupt or someone else could put a charge over their property and it may be impossible to get the money back.
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
<div class=”d4p-bbt-quote-title”>Terryw wrote:</div>
Take the 23% from the LOC and borrow 80% on the IP = 103%….ok but you have now cross colateralised his loan…..isn’t this what everyone is saying not to do?
No crossing here.
LOC secured against PPOR
IO loan secured against IPTerryw | 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



