All Topics / Legal & Accounting / Mother’s home and retirement planning

Viewing 5 posts - 1 through 5 (of 5 total)
  • Profile photo of carl_viccarl_vic
    Participant
    @carl_vic
    Join Date: 2005
    Post Count: 73

    My mum owns a 4 bedroom house in Melbourne suburbia which she hung on to when my parents split up a few years back. There is a very small mortgage attached which she could refinance to access substancial equity. She is living in one of the bedrooms and renting out the other 3 to students from a local uni.

    In the short term, provided she claims the rental income for tax purposes, Is she entitled to tax deductions on a portion of the usual things, interest payments on the mortgage, council rates and other outgoings, any necessary repairs to the property etc? If so, how is this portion calculated, is it as simple as 75% because that’s the portion of the property she is effectively using for income producing purposes?

    For the long term… Mum has the equivalent of a HECTS debt overseas, and if her taxable income reaches a certain point she will have to make what I would consider unreasonably large repayments (the system is different over there). She would also not be entitled to her overseas equivalent to superannuation, which is an issue since she worked there for 25 years. I am therefore looking for alternative ways to structure her finances so that this can be avoided.

    One idea I had (don’t freak, I wouldn’t just go and do this without getting the right professional advise) was for her to refinance her home and if possible get the tax deductions from interest payments and the rest to offset some of the income she recieves from the students living there. The available capital could then be used to buy a second (small and cheap) investment property through a hybrid trust, whereby she could negative gear by owning the corresponding units in the trust etc. This should keep her taxable income below the threshold for now. By the time she stopped working (at least 10 years from now) she would have paid off a portion of both loans and the idea then would be to refinance or redraw on the home loan once more and pay out the investment property, at least to the point where it was providing substantial positive cash flow. The deductions from the interest payments on the home should keep her income from the renting students below the threshold for the superannuation and HECTS debt, and the income from the investment property could be distributed through the discretionary element of the trust to me or my sister if necessary (who could negative gear it by other means perhaps).

    The end result would be that by retirement we essentially help her keep her taxable income below the threshold by ‘paying her tax for her’ so that she can recieve her superannuation from overseas and not get ripped off by their HECTS system. It would also provide an effective savings plan for her while she is still working.

    I know this is a fancy plan and I’m just a beginner in real estate myself, but I would really like to know if this sounds viable to someone with experience of this sort of planning. You guys are guns and I’ve read a lot of posts here so I really respect your oppinions. If my ideas are up the wall I would appreciate any other suggestions that might point me in the right direction.

    Thanks,
    Carl

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    She needs some good advice before doing anything.

    If she stays as is and rents to students, she could lose her CGT exemption totally (I think), and since the mortgage is low, she would have to pay extra tax due to the higher income and low deductions. This may then effect the overseas debts, super etc.

    If she just increases the loan to claim more deductions, then the ATO may disallow this (if they catch on) depending on what the funds were used for.

    If she uses a hybrid trust, this may work well as she can use the equity in the house to help buy one or more investment properties and to negatively gear, reducing her taxable income.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of carl_viccarl_vic
    Participant
    @carl_vic
    Join Date: 2005
    Post Count: 73

    Thanks for your input Terry

    If drawing on the homeloan can’t provide tax deductions through interest/rates/repairs etc then it might be a better idea to just pay the homeloan out, then use the house as security and finance an IP 100%. Then there would be no question that the borrowed money was used to produce income. Is that possible?

    The problem is then the students and keeping my mums income low for now… Is there a difference as far as taxable income goes if you charge a person living with you some type of board payment, rather than drawing up a rental contract? Would that affect the CGT exemption?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You can still use the property as security for an investment, even if the loan isn’t repaid – just needs to be enough equity. You could also set up a LOC on the house, using the existing equity, and then use this as deposits on further investment loans which could be with different lenders. This would save cross collateralising her home.

    I think there is a difference between renting and boarding. Go to a bookshop and flick through the latest taxpayers guide, I think there is a section on this very topic – which says money form boarders is not income.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of carl_viccarl_vic
    Participant
    @carl_vic
    Join Date: 2005
    Post Count: 73

    Thanks again for your response Terry, I will definately look into the board/rent deal. That would make a big difference to where we’re going I think..

Viewing 5 posts - 1 through 5 (of 5 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.