All Topics / Legal & Accounting / 2 person venture: 1 treats as PPOR, 1 as IP. How does it work?

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  • Profile photo of DexterJamblesDexterJambles
    Member
    @dexterjambles
    Join Date: 2008
    Post Count: 12

    Hi guys,

    Myself & friend are considering purchasing a property together. Let's assume we have 50/50 ownership & have drawn up a legal contract that stipulates the terms of the venture, exit strategies, share of liabilities, etc..

    What I'm not sure of is how it will work if my friend lives in the property as her PPOR & I treat the property as an IP.

    1) If we obtain a loan, obviously all interest and bank fees are split. Is it possible to get 2 offset accounts that align with this loan giving us each our own account to use for daily transactions while the savings in these accounts reduces offsets against the principal of the loan?

    2) My friend is eligible for the FHOG – I assume that as it this is not my 1st property & it is a joint venture she would forfeit her eligibility of the FHOG for this property & any subsequent properties she would by on her own?

    3) I wish to collect rent while she lives in it, can she simply pay 1/2 the market rent to me on top of her interest payments (e.g. market rent for this type of residence is $200p/w, she pays me $100p/w)? Similarly, any expenses incurred in maintaining the property would be split & I could claim half these expenses but she could not claim her half?

    4) If we were to refinance the property in the future to incorporate a LOC of which I drew on 50% of the increased equity, can this be considered solely my own draw down & all interest expenses attributed to me (i.e. my friend would not be considered to incur the interest of the interest charged for the amount drew down as her 50% of equity remains in the LOC)?

    As you can see I'm not really sure of the wider ramifications of this & just trying to think out future scenarios. Any info would be appreciated.

    Thanks heaps,
    DJ

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

    Hi

    1) It is generally only possible to get one offset account per property. Some allow more than one – maybe Bankwest off the top of my head??? But your would need to split the loan into 2 and have one offset against each portion.

    2) All parites need to be eligble to get the FHOG I beleive

    3) I think you can just split the expenses donw the middle and you receive half the market rent and claim accordingly.

    4) If you were to get a LOC you would be borrowing the money 50/50 really. But if you were to use those funds on your own it would be as if she is lending you money and therefore I think you should be ok to claim the interest – check with your accountant first.

    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

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