Forums / Property Investing / General Property / 13 Strategies for when you move out of the PPOR and want to keep it

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  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    13 Strategies for when you move out of the PPOR and want to keep it

    There are several things that can be done to improve the tax situation of moving out of the main residence and into a new main residence while keeping the old main residence and renting it out. Often there will be large amounts of equity in the original property while the new property will be purchased with a loan and it will have non-deductible interest payments. On top of it the rent from the old PPOR will be taxable with little to deduct!

    So here are some strategies:

    Strategy 1: Sell First property
    If you sell the first property you can then use the proceeds to pay down the non-deductible debt on the second property and then borrow to buy another property for investment.
    • Spouse A owns 100%
    • Spouse A sells to a stranger
    Or
    • Spouse A and B own 50% each
    • Spouse A and B sell to a stranger.

    You can always buy a replacement property as an investment. But the downside would be transaction costs.

    Strategy 2: Sell First property to spouse
    If the first property is owned solely by Spouse A it could be sold to the Spouse B.
    • Spouse A owns 100%
    • Spouse A sells to Spouse B
    • Spouse B owns 100%
    This will allow the non-owner spouse to borrow to buy the property which will then be rented out. The interest on this loan will be deductible. The advantage here is that there would be no agent’s fees and the property can remain in the family.

    The added advantage is that duty may be exempt in certain states – this needs legal advice. The property may also be exempt from CGT as well.

    Strategy 3: Sell share of the property to spouse so there is one owner
    Where the property is held jointly it may be possible for 1 of the spouses to sell their share to the other spouse so that the end result is that there is 1 owner.
    Spouse A and Spouse B own
    • Spouse B sells 50% to Spouse B
    • Spouse B becomes sole owner

    This can also be done where the ownership percentages are not even:
    Spouse A owns 80% and Spouse B owns 20%
    • Spouse B sells the 20% to Spouse A
    • Spouse A becomes sole owner

    The purchaser would borrow to buy and thereby increase deductible interest while money release is used to pay down the new loan. Similar to Strategy 2.

    This may also be exempt from duty in certain states but subject to duty in others.

    Strategy 4: Spouse 1 Sell 50% to Spouse B and later sells other 50% to B
    Similar to Strategy 3 above, Spouse A sells 50% to Spouse B now. The house is then jointly owned. Spouse A then sells the remaining 50% to B – just after or potentially years later.
    Spouse A owns property 100%
    • Spouse A sells 50% to Spouse B
    • Spouse A and B become owners 50% each
    Later
    • Spouse A sells 50% to Spouse B
    • Spouse B becomes sole owner

    The advantage with this is reduced stamp duty in some states such as NSW. Instead of paying duty on 100% of the transfer you would only pay duty on 50%.

    Strategy 5: Sell to a related trust
    This is more complex strategy and there are many other issues to consider.
    Spouse A and B own
    • Spouse A and B sell to the AB trust
    • AB Trust becomes owner
    AB Trust borrows to acquire the property and would be able to claim the interest on the loan used to acquire the property as a tax deduction.
    Spouse A and B are left with a pile of cash which they use to pay off their new PPOR debt.
    This would be a CGT event – but if the house was the main residence it may be exempt from CGT in full. It would likely be subject to stamp duty though.

    Strategy 6: Sell to a fixed unit trust with the original owners borrowing to buy the units of the trust
    This strategy will incur stamp duty, but it allows the property to be retained and for negative gearing benefits to be achieved.
    Spouse A and Spouse B jointly own a property
    • Spouse A and Spouse B sell to the AB Fixed Unit Trust
    • The trustee of the AB Fixed Unit Trust purchases the property
    • Spouse A and B borrow to acquire units in the AB Unit Trust
    Because they have borrowed to acquire units which will produce income the interest on this loan will be deductible to both A and B.
    If the trust qualifies there will be land tax savings too in some states. In NSW land tax could be assessable to the owners of the units so spouse A and B will get the land tax threshold.
    Legal advice is essential for this complex scenario as are private ruling applications for both OSR and Land tax. I have received positive rulings for this strategy both from the ATO and the NSW OSR.

    For my successful ATO Ruling see PBR 1012962612531
    https://www.ato.gov.au/rba/content/?ffi=/static/rba/content/1012962612531.htm

    Strategy 7: Recycle Debt A
    Use the rental income from the first property to help pay down the loan on the new property.

    The original property should be positive cash flow as it would have low debt. This cash flow can be used to assist in the payment of the loan for the new PPOR.
    The downside of this approach is that the income from the property will be taxable and the interest on the new PPOR loan will not be deductible. But you avoid the costs and hassle of transferring title.

    Strategy 8: Recycle Debt B
    Use the rental income as above. But access the equity to buy another property. After capital growth has occurred sell the other property and pay down the non-deductible debt

    Strategy 9: Recycle Debt C
    Once you move out you start borrowing to pay for expenses associated with the property – rates, insurances, repairs etc. Everything except for interest on the loan – but this may even be possible in some circumstances. Get tax advice.

    Strategy 10: Recycle Debt D
    Pay down the new PPOR as quick as possible and borrow to buy income producing assets such as high yielding property or shares. The income from these assets can then be used to pay down the PPOR debt even more and more income producing assets purchased.

    This may be done on using a loan secured by the old PPOR too. Security for the loan doesn’t matter, what matters is that you use the debt to pay off the non-deductible debt quicker.

    Strategy 12: Any of the above but wait.
    Many of the above strategies could be done, but any transfer of title could be delayed for up to 6 years to take advantage of 6 years more growth in the property with the capital gains still being tax free potentially. This will enable a bigger tax free windfall.

    Strategy 11: Planning from the beginning
    If you are starting out into a PPOR then simply plan ahead. You may want to consider:
    – Owning the property in just 1 name as this will allow the sale to the other spouse down the track;
    – Borrowing 105% from the start as this will allow a higher loan to be retained and this will improve deductions once you rent the property out;
    – Borrow on an IO basis as this will keep the loan balance high;
    – Borrow to pay for all repairs and maintenance;
    – Borrow to pay for property related expenses such as rates, insurances etc
    – Capitalise interest where appropriate (get tax advice);

    Strategy 13: Do nothing
    It is not necessary to do anything. You will now have 2 properties each going up in value with one of them having rental income which will also gradually increase over the years. Not worrying maximising performance is fine as well.

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

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    BTW PPOR = Principal Place of Residence

    It is now referred to as the Main Residence in the new tax legislation.

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

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of JaxonJaxon
    Participant
    @jaxona
    Join Date: 2014
    Post Count: 282

    Terry This needs to be a proper post on this website, this is so so so useful and informative.

    I dont know if a post had been put up prior about this, but I would love to see this as a actual post on this page.

    Such a great peice of information

    Profile photo of PetePete
    Participant
    @pjewitt
    Join Date: 2015
    Post Count: 50

    Great post Terry. I have one question relating to Strategy 11. You mention borrowing 105% from the start. Can that still be done? I haven’t bought a PPOR for almost a decade so am not familiar with such details.

    cheers
    Pete

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    Hi Pete

    No lender will lend more than the security for the loan, but it is still possible by borrowing secured on another property or unsecured such as a related party loan, eg. loan from parents.

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

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of PetePete
    Participant
    @pjewitt
    Join Date: 2015
    Post Count: 50

    Thanks for clarifying Terry.

    cheers
    Pete

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