psrproperty wrote:

Are Equity Release and Refinance the same thing?

nope

Refinance = paying one loan out with another

Equity release = borrowing against an existing property

What I have seen happen with CBA is that someone might put in some money into the loan today and then think they can redraw it immediately or the next day, but they have to wait for the next monthly payment to come out first. I don’t have any CBA loans atm, so have not experienced this, others have not had any issues.

So after you split the loan I would ask them if I paid say $200,000 into the loan today, could I redraw $200,000 tomorrow?

I would split it first then pay $799,900 into the loan and redraw. Otherwise it might automatically close.

You would have 2 loan splits.

Also watch out with CBA as there are a few quirks. Confirm with them that you have redraw and can immediately redraw the full amount.

risky I think

When you sell you eat up equity with the agent fees and then when you buy again you have stamp duty, conveyancing, etc So you might lose about 8% of the value.

You also have to consider the loan. Could you qualify for another loan again?

Think about the effect on the pension too – could you be over the assets test if you downsize?

I am a tax lawyer with a credit licence. with lots of experience in this area. You will need to apportion the interest if you do not split, furthermore, you will be paying back deductible debt with every deposit into the loan.

Splitting a loan means making one loan into 2 (or more).

• This reply was modified 4 years, 4 months ago by  Benny. Reason: Editing as per Terry's correction - for clarity

I did something similar once. I had the deposit invested in shares and the signed a contract, coming up to settlement I was trying to wait to sell at a peak. and settlement was approaching so i had to bite the bullet and sell at a price less that I could have a few weeks prior.

probably best to speak to a lawyer as a trust is a legal device, a relationship in equity and only lawyers can give legal advice. Many can also give tax advice.

It could be anything depending on the circumstances. It will depend on a lot of thing – ability to claim the main residence exemption, land tax, intention with the front property, stamp duty laws, asset protection, estate planning etc etc

Once you determine which legal owner then you have to work out how to structure the structure. If it a company acting as trustee of a discretionary trust, then how to you fund the deposit, how about the remainder, who should be shareholder, director, terms of the trust, should the trustee be excluded as a beneficiary, should there be different capital and income beneficiaires, should default beneficiaries be included, if so what about the asset protecton issues etc

You need specific legal and tax advice.

The loan relates to 2 or more uses.

Your loan is current $1mil right?

Part of this relates to the purchase of the current property and part relates to not much, you borrowed and put in an offset mixing with cash.

If you put $800k into a $1mil loan the balance will be $200k, but this balance partially relates to the purchase of the property and partially to the mixing in an offset account.

It will be mixed furhter if you pull $800k out to invest. You could only claim part of the interest.

But if you split the loan and paid $800k into an $800k split and redrew to invest the interest could be deductible in full, if you do it right, as there would be no mixing then. 100% of it was used for the 1 investment.

It is not really relevant if you move back in or not.

You now have a mixed loan, so a few issues there.

If you pay the loan down by $800k it will be mixing it furhter so you should split it. Pay $800k into a $800k split and redraw it and invest it. If the investment is expected to produce income, such as rent, the interest on this split would generally be deductible.

Deductibility is determined by the use of the money borrowed, not the security. So if you borrow another $640k and invest it the income will be deductible. THe main criterisa is  that it needs to generate income.

Seek specific tax advice.