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How could it be otherwise?
If you are buying a $600k property you have to pay $600k!
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
It looks like the interest rate is 6.87% which is higher than now by about 2% so this is good to factor in a few rate rises.
capital growth rate is 7% which is pretty high.
rental expenses are about 30% which is about right. Is the rent realistic for the area?
The software used is the PIA – not not pain in the arse, but property investment analysis by somersoft.
What sort of ‘advisor’ gave you this? Are they also selling the property?
There is no licencing needed for this sort of stuff so anyone can do it and it is unregulated.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
So assuming I claim my first property as PPOR and then sell within 6 years I will avoid paying CGT. Could I then claim my new property as PPOR after the first one is sold and avoid paying CGT on that as well?
Not for any overlapping time.
but if you sell the first within 6 months of buying the second you may be able to claim the exemption on both.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
All title holders must be borrowers or guarantors of the loan.
But additional non owners could also be on the loan. However in Australia the general practice of the major banks is to allow non owner spouses on the loan in addition to the owner spouse. They wont allow this for non spouses = spouse includes defacto.
The ATO allows all the deductions to fall into the hands of the owner of the property so adding a spouse on the loan will not effect deductibility – generally.
But this should not be done unless the owner spouse cannot qualify for the loan. 2 main reasons:
1. Doubles risk
2. Hurts future serviceability.I have seen 1 owner but 2 on the loan countless times where the 1 owner can qualify on their own. I have unravelled many of these to improve both asset protection and serviceability.
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
Terry,
Say that again, property in my name but we can both be borrowers? Will that help for future loans or make little difference as I’m still 100% accountable for the loan?Yes a non owner spouse could also be on the loan. Deductions will fall to the owner.
It s not a good idea to do this unless you cannot borrow on your own to get the property as it will double the risk and hurt serviceability
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 don’t want to reduce future IP borrowings but the non deductible PPOR loan. Don’t worry about making the IP cashflow neutral by depositing cash in the offset as this will cost you money in more non deductible interest.
What you want to do is keep the cash in the IP offset temporarily and when you buy the PPOR work on a debt recycling strategy.
Don’t forget you can own the PPOR in one name but have both of you are borrowers.
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 is also Propertunity in Sydney
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
1. Yes and yes, possible double duty. Will depend on the state the property is in and the circumstances. could be tax if there is a fee for the nomination or option agreements etc
2. no.
seek specific legal advice.
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
$100,000 property
$80,000 loan 1
$24,000 loan 2Wait 2 years and then refinance loan 2 into loan 1. Free up $24,000 cash to use for the PPOR purchase.
—
IN 2 years the property may be worth $140,000. (maybe be a bit longer)
80% x $140,000 = $112,000 = enough equitySo you just increase loan 1 to $104,000 and use the $24,000 released to pay out the sister.
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
Run it by your acccountant as there are many issues – needs to be a commercial transaction but this may enable you to claim more interest
$100,000 property
$80,000 loan 1
$24,000 loan 2Wait 2 years and then refinance loan 2 into loan 1. Free up $24,000 cash to use for the PPOR purchase.
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 thought borrowing 104% is not possible. Or it is possible if I use 20% use a security for the loan without triggering LMI?
Of course it is. Borrow 80% from ANZ and 24% from your sister.
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 are basically stuck as the loan has been made to purchase the property already. What you could have done is to use 104% in borrowings to keep the cash for the PPOR loan.
A way to increase borrowings is to sell between spouses – no stamp duty in some states such as VIC.
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
Benny’s right – the word “NOT” is missing.
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
interesting!
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
Hi guys, My partner and I are looking at buying a 2 bedroom unit in Brighton, VIC as a PPOR. We plan on living in it for approximately 8 years. We would then like to buy a family home somewhere else while renting out the unit. We wish to hold the unit for life and use it for income. Is the best way to set up the loan by borrowing %80 of the property value as an interest only loan with an offset account. We don’t want to pay off anymore on the loan for future tax deductions we could use when renting the property out in the future. Any extra income we put into the offset account we will redraw to make the future purchase of our next home.
Does this sound like the correct setup? Any advice would be greatly appreciated. Thanks
Good set up, but could be improved.
Borrow 100% like Richard suggests, but I would suggest you consider buying in 1 name only. When you move out sell to the other spouse who will borrow to buy. This could potentially double the deductible portion of the loan and free up cash to pay for the new PPOR. Indirectly you will be borrowing to buy the new PPOR and claiming the interest. There should be no stamp duty or CGT on this either. Just a bit for legals and tax advice. but seek legal advice before doing this as there are many issues – e.g. you spouse as sole owner could die and leave it to the rspca for example
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
Thank you very much for the information. I am on ease now. I went to several seminar and webinar and people keep pushing that trust is a must for every investor. However I think it is not suitable for me. Your book n your advice just save my from my constant headache. I really appreciate and grateful for your link in the website and your book. It is very informative and useful.
Seminars are held so they can sell things – trust deeds it seems in this case. I usually talk people out of using trusts, especially wiht the land tax issues in NSW, but once you have a few properties you may want to consider setting one up.
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
Asset protection is usually associated with protection from potential future creditors. An interest in a discretionary trust is not something that amounts to property so if a beneficiary went bankrupt the creditors won’t generally get access to the property of the trust. Business people are at a significant risk of potential bankruptcy, but non business people can and do go bankrupt too. I have seen a few go down – due to credit cards, court cases about defective cars that they lost, contractual disputes, loan defaults etc.
Also consider asset protection in death. Trust assets do not form part of the estate on death, so don’t pass via a will. If a will is invalid or challenged then generally trust assets are safe (except in NSW potentially).
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 it is a business then probably – but hard to establish residential property as a business unless you are a builder.
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
Depends on many things – as long as it is not income producing, you are not renovating as a business and neither are claiming another residence and you are both living in it as the main residence then it will probably be exempt from CGT.
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 live in the properyt from day 1 you may not need to pay CGT at all.
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



