All Topics / Finance / Capitalising split loan

Viewing 6 posts - 1 through 6 (of 6 total)
  • Profile photo of jcam15648jcam15648
    Member
    @jcam15648
    Join Date: 2003
    Post Count: 2

    my first post,
    I am one of your many followers, I would like to ask for some advice.

    I, had contact with “ Austral Mortage Corp “ The following is the last e-mail I received

    Best wishes for 2004. Let’s make this Wealth Optimiser’s year.

    As you are probably aware the High Court heard, on Friday 7th November
    2003, the ATO’s appeal against the Part IVA issue, relating to the Full
    Federal Court’s unanimous decision in the Wealth Optimiser test case, Hart
    v Commissioner of Taxation [2002] FCAFC 222. This was the final step in our
    long journey to win the right for private investors to claim capitalised
    interest in a split loan structure. The High Court having heard the appeal
    reserved its judgment.

    If the High Court does not uphold the ATO’s appeal we will have won the day
    and finally proved that our capitalising split loan, Wealth Optimiser, is
    not in breach of the Income Tax Assessment Act.

    That will be great news for Mum and Dad investors who have a home and
    investment loan. They can legally maximise their negative gearing benefits
    by paying off their home loan quickly whilst capitalising interest on their
    investment loan.

    Allowing for the complexity of the issue, and the fact that the High Court
    rose for the holiday recess until end January, we anticipate that the
    judgment will be handed down March/April 2004. Judgment day is drawing
    nearer. The High Court will only give us 48 hours notice of the actual
    judgment date.
    In reality it could be soon.
    Avoid delay, act today

    For this reason we urge anyone who is contemplating refinancing their
    current home and investment loans into a Wealth Optimiser loan structure,
    if and when we win, to seriously consider preparing now. If the 20,000
    borrowers in our existing Wealth Optimiser enquiry data base who have
    indicated that they will refinance if we win, decide to refinance all at
    once delays will be inevitable. To avoid delay we urge those intending to
    refinance to complete and lodge an application now.

    Its simple. You can submit an application now with no fees. We will process
    the application and provide you with a conditional letter of offer subject
    to valuation and any other information we may require. If we win you simply
    sign the letter of offer’s acceptance page, confirm there has been no
    material change in your circumstances, and return the acceptance with the
    establishment fee. All we then have to do is value the security properties
    and instruct solicitors.

    But that’s not all.

    For all loan applications lodged prior to judgment day, which are lodged
    subject to a favourable judgement, we will cap the Establishment Fee at
    $750, which includes the application fee, the lender’s legal fee and
    valuation fees for up to three security properties. Our normal
    Establishment Fee is $750 for a loan with one security property plus $400
    for each additional security property, to cover the additional valuation
    and legals. Take advantage of the saving and avoid delay.

    Application form pdf files are attached or ring 02 9299 1833 to have one
    faxed or posted to you.

    (See attached file: AustralLoanAppForm.pdf)(See attached file:
    PrivacyActAMCPermCust.pdf)(See attached file: UCCC.New.pdf)
    I did not attach the file if you would want to read them I can send them to you.

    Could you give me your thoughts on this type of loan.
    The idea is to pay off your own home by capitalising the interest on the investment home, then paying off the investment home/s

    Many thanks
    John C. Lederhose

    Profile photo of Mobile MortgageMobile Mortgage
    Member
    @mobile-mortgage
    Join Date: 2003
    Post Count: 913

    Hi Johnc,
    There is a thread on this topic in Legal & Accounting
    https://www.propertyinvesting.com/forum/topic.asp?TOPIC_ID=7021

    Regards
    Steven

    Mortgage Broker

    [email protected]
    http://www.mobilemortgagemarket.com.au
    Ph:0402483216
    Victoria

    PLEASE note comments made should NOT be taken as specific taxation, financial, legal or investment advice. Please seek professional, specific advice.

    Profile photo of melbearmelbear
    Member
    @melbear
    Join Date: 2003
    Post Count: 2,429

    John, if this type of structure is allowed in the future, then many lenders will offer it. Just cos these guys urge you to ‘get in now’ to avoid delays, don’t let that cloud your judgement. Also, I think some of their fees are a bit high, but a mortgage broker would be best to help you with that.

    Cheers
    Mel

    Profile photo of jcam15648jcam15648
    Member
    @jcam15648
    Join Date: 2003
    Post Count: 2

    Thanks for the advice, Mel, I have requested a full breakdown of the fiqures from them.

    John

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    This is not a mainstream product and not one you should be entering in without complete confidence of it’s legalities.

    As Mel says, if it becomes legal then there will be a product from most lenders.

    I would wait and see what is most competitive.

    Besides their marketing seems a bit pushy to me[;)]

    Cheers,

    Simon Macks
    Mortgage Broker
    [email protected]
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of Stuart WemyssStuart Wemyss
    Member
    @stuart-wemyss
    Join Date: 2003
    Post Count: 598

    I would imagine that it’s very unlikely that this will ever get up. If the ATO loses the appeal than I would think the government would legislate against this to close the loop hole – they have too much to loose.

    All we can do is wait and see.

    Cheers

    Stu

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