All Topics / Legal & Accounting / Which name to put investment property in?

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  • Profile photo of PinniePinnie
    Member
    @pinnie
    Join Date: 2003
    Post Count: 5

    I’m married and looking at buying an investment property. Is it possible to get a loan in joint names and then buy the property in the name of the spouse with the lowest income? Also will all the interest from the loan only be able to be deducted against the property owner (ie. the spouse with the lowest income in this case?)

    “Work like you don’t need the money”
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    Profile photo of Robbie BRobbie B
    Member
    @robbie-b
    Join Date: 2004
    Post Count: 2,493

    Only the person who’s name is on title can deduct the interest. You would put the title in the name of the person with the highest income if tax deductions are driving your decision.

    TMA


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    Profile photo of gafamagafama
    Member
    @gafama
    Join Date: 2004
    Post Count: 118

    Pinnie

    TMA makes a good point in relation to deductibility of interest however, if you are planning to hold the property long term, or if your (or your partner’s) circumstances change this could come back to bite you.

    For example, if the highest income earner retires or stops work for another reason, the losses (and deductibility) are in the name of someone with no income to claim against. And, you can’t transfer the property to someone else unless you want to bite the bullet on a second lot of stamp duty and, possibly, CGT.

    I’d get some professional advice about structuring before you do anything and make sure your advisor takes into consideration ALL taxes that might affect you i.e. income tax, land tax, CGT and stamp duty.

    Certain Trusts can give you benefits that cover all areas but seek the right advice before you sign anything.

    Regards

    Megan

    http://www.propertyhub.net

    Profile photo of Robbie BRobbie B
    Member
    @robbie-b
    Join Date: 2004
    Post Count: 2,493

    It is difficult to plan for unforeseen events. Retirement planning is not so difficult but ‘another reason’ makes it difficult.

    TMA


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    Profile photo of catacata
    Participant
    @cata
    Join Date: 2005
    Post Count: 559

    TMA always has valid points. There is always something that pops up. Sometimes life gets in the way, good or bad.

    CATA
    Asset Protection Specialist
    [email protected]

    Profile photo of hmackayhmackay
    Participant
    @hmackay
    Join Date: 2004
    Post Count: 197

    Hi Pinnie,

    Your question was:

    Is it possible to get a loan in joint names and then buy the property in the name of the spouse with the lowest income?

    I have helped my son out getting loans with Westpac. The loans were in both names and the title was in my sons name. He declares all income and all deductions.

    Talk to your lender and your accountant.

    hrm

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Pinnie

    In answer – Yes you can obtain a loan in joint names yet have the property in the name of the either party dependant on what is driving you behind this investment.

    Feel free to contact us if you require any further information.

    Cheers Richard
    [email protected]
    http://www.yourstatefinance.com

    IP funding and US property finance
    our speciality

    Richard Taylor | Australia's leading private lender

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