Forum Replies Created
- niccy3768 wrote:Hi all
This is my first post, and I need some advice from more experienced people please. I have been living in property one for the last 8 years. I have always paid $200-$300 extra on the mortgage every week. Therefore I accumulated an extra $50 000 in the redraw account. I also received an inheritance and put that $50 000 in the redraw account as well. The balance of the loan was down to about $4000. My intention was to buy another apartment, and I was simply using the redraw account as a savings account with this in mind. This seemed to be the best way to go, as the rate in a savings account was a couple of percentage points lower than the rate I effectively received in the redraw account.
I have now purchased property two. I have used the $100 000 accumulated in property one's redraw account as my deposit on property two. I now wish to turn property one into an investment property ( $400 000 property with a mortgage of $104 000) and move in to property two.
Am I able to claim the interest payments on the mortgage of $104 000 on property one, or will the tax department see that as fraudulent? I was merely using my redraw as a savings account, but will they view it as – nearly had the mortgage paid off and then suddenly back up again to $104 000? If this is the case I think they will only let me claim the interest on the $4000 that was the balance before I emptied the redraw account.
Is anyone able to advise me either way. I am cutting it quite fine financially, am may have to sell propety one if I can claim the interest rates on the entire mortgage balance.
Cheers and look forward to hearing from any experienced investors or accountants out there.
You will only be able to claimi interest on the $4000 loan as the rest of the $100,000 was borrowed to purchase a property to live in.
This means you could only claim about $200 per year in interest and is a costly mistake.
If you had sought tax advice you could have structured things differently and been able to claim an extra $5000 or more per annum.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Welman wrote:Thanks, crj.crj wrote:If your trust is a unit trust and you have borrowed money to buy the units even if that borrowing is secured by property owned by the trust …then you might be able to claim the losses eg borrow $400,000 to buy units in trust, trust buys property for $400,000.
It is interesting to know this scenario is possible. Only that using unit Trust could mean less distribution flexibility and lesser asset protection (individual own the units).
It would be interesting to know how the Chan & Naylor PIT Trust (afaik it's a hybrid trust) would handle distribution of loss and depreciations. Anyone has experience on this? I imagine the setup cost would be expensive, but I would like to know if it is worth it.
Definitely not. Even a so called PIT trust cannot distribute losses. It allows 'negative gearing' because it is possible for a person to borrow to buy income producing units and thereby claim the interest. This would result in the trust making a profit which would be distbuted to the unit holder. So in effect the depreciation is claimed by the trust and this results in less income going to the individual. In a round about way the depreciation is claimed by the individual, but it is not distributed.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Good work Jessica. You have basically doubled your money within a year and a 13% yield.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
wealthyjvd wrote:Thanks for the contact Terry, however all my tax returns are completed, are you saying he will charge $275 to tell we whether or not something is a deduction or not?Yes.
It is not like asking can I deduct socks. It is a complex situation where you will have to describe your circumstances and the development project.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
wealthyjvd wrote:Excuse my ignorance I have very little knowledge of taxation, so any help would be much appreciated.He did mention that the intention was to add value to the property or something along these lines, and because I made a loss and I'm not continuing with the project, these can be deductible..?
Perhaps not deductible.
But you should seek advice because it could be. You could have a consult with Michael of House of wealth and he would tell you – think he would charge you about $275 for it.
I should add that I am involved with House of Wealth..
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Purchase costs such as these are generally not deductible, but if you are conducting a business then maybe.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
johnnyhill wrote:Terryw – No I don't use the LOC for personal expenses…. Strictly for IP related expenses, council rates, etc.In that case it is possible that all the interest on the LOC would be deductible – depending on a few things so check with your accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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johnnyhill wrote:Thank you to everyone for your responses.TerryW – I'm not quite sure how you came to the conclusion that little or none of the interest on a LOC linked to an 2 IPs would not be tax deductible. The LOC is in no way linked to my PPOR loan. Maybe I have incorrectly explained my situation and it has been misunderstood.
Sorry JH, I may be wrong but I assumed you were using the LOC for transactions – money in and out.
How have ever taken money out of the LOC and used it for personal expenses?
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johnnyhill wrote:Hi All,Newbie here so be gentle… I'm looking for advice of my current situation and happy to take on professional advice to realise any long term benefits.
Here is my situation. Many years ago my wife and I bought our first IP, we bought it while in our early 20's whilst still living with family. Standard loan which we paid principal and interest. After a year we converted the loan to a LOC. A couple of years later whilst living in company supplied accommodation (we moved around a lot, project to project) we bought another IP and financed it by increasing the LOC. We have the rent going into the LOC and pay all related costs from the LOC. Very simple to manage and its positively geared. Current LVR is approx 45%.
A couple of years ago we finally settled and bought our first PPOR. We had cash for all costs (stamp duty etc) and 10% of principal. Obviously it would have been preferable to get access to the cash in the IP but not the case. We have been hitting the loan on the PPOR pretty hard and allowed the LOC to now max out.
I'm now getting itchy to buy another IP as we have an LVR in our PPOR of 50% and 45% in the LOC. The the question is do I increase the LOC or do things another way. We'll probably find our selves upgrading the PPOR within 5 years and the ultimate goal is to have a reasonable second income from IPs whilst having the PPOR paid off. (Although I have no need to sell the IP's I'm struggling to comprehend the ramifications of CGT whilst they are linked to one loan (LOC). Makes things messy).
Is there any specific advise people have to not be trapped in an unwanted scenario? at the moment its frustrating paying interest in the PPOR knowing its non tax deductible. But of course we're all the wiser in hind sight.
Thanks in advance.
From what you have described probably little to none of the interest on the LOC will be deductible. You would have had money going in and out all over the place. It would be very messy to work out the deductible portion.
Whatever you do I would set up a completely new loan for the deposits – a LOC. But only ever pay the interest on this LOC.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
jate wrote:Terryw wrote:Why are you paying interest with the LOC?What I meant is that my LOC account, which is used 100% for Investment purposes only. Such as deposits for IP#2 and IP#3.
I am planning on tax-deducting the debit interest incurred on this account.
Currently CBA has it setup with the debit interest for this LOC account is being capitalised.
Is there any problems with this setup from a tax-deduction perspective?
Possibly.
If you are capitalising the interest the ATO may deny the deduction on the capitalised portion, but this will depend on the circumstances. This would probably only be a minor amount though.
Run it by your accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Cherry wrote:Hi all,Hope somebody can help with this query.
We have an flat in London, with a large amount of equity. At the moment it is on a Capital repayment mortgage and we have to pay tax on the income we earn from it. I was thinking a better option would be to re-mortgage it on an interest only loan and invest the money in a property here in Australia. We would have approx 520 AUD cash to spend on an IP. If I put most of this money in an offset account against an interest only mortgage then the repayments should be very low and I can claim the tax back on the interest on the mortgage, is this correct?
Also is it possible to put the rent from the property to pay my home loan, without any tax implications? The property in London would be a tax loss and we would have to make up some of the repayments.
any advice is greatly appreciated!
Basically no that is not correct.
A mortgage is a form of security so you wouldn't remortgage it but increase the loan. Borrowing money may be deductible depending on what the money is used for. Parking it in an offset can destroy deductibility. Ideally set up some sort of LOC.
But then you have to consider the international tax aspects and the exchange rate aspects as well as the general legal advice. Increasing the loan would not increase the deductions you could claim on that property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I charge $1650 for the SMSF and another $1100 for a company as trustee, but I am a solicitor and include legal advice in relation to the structure of the trust, and trustee company and include BDBN and other succession advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
madbray wrote:HiThanks for the quick responses.
The strategy that I have been taught, through my parents & their accountant, is based on negative gearing & tax minimization. I have implemented this strategy myself and as mentioned in previous post I do have investment homes.
Furthermore, the accountant that i currently use (same accountant as my parents) has always advised against using trusts, and any other different structures. Therefore, my structure…if you can call it that….is very simplistic….my properties are in my wife's name, or my name…..dependent upon what was best at the time to minimize PAYG tax and potential Land tax consequences.
From reading Steve's book, & personal experience, I now realize that the strategy I am using is potentially limiting in its nature (& long term based). I now also realize that their are more effective investment strategies for wealth creation.
My initial goal is to gain a greater understanding of the different strategies that can be used and then review my own situation with an ultimate goal of being able to use passive income from properties to supplement/or potentially replace my work income.
In order to achieve this goals I am very willing to do my own research and learnings, however, at the same time I would like to work with someone, preferably face to face, who can coach and mentor my wife.
Buy in own names is still a good 'structure' that works for most people. I specialise in 'structures' and advise most people not to use a trust. BUT depending on the circumstances it could be a good idea to use a trust or a company or a SMSF. All depends on a number of factors.
BTW, trusts don't help you borrow more either.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi
I am qualified in Law, finance, financial planning and tax and am licenced to give taxation, credit/loans and legal advice. In Macquarie street.
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If you can service, come up with a deposit and have clean credit then generally no probs to get many loans approved. Tonight I am working on 4 for a client who already has 3 in the past 12 months – for example.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The typical structure is Mum and Dad. Dad buys in his name for short term tax benefits. No thought given to anything else. Cross collateralised with the home. Mum on there as a guarantor – just to add to the worsening asset protection issues.
But, do you want to be typical? Prob not!
If you are serious you will be looking at trusts, whether now or future, and whether to own the property or to act as lender or mortgagee.
But you really have to consider the land tax issues first.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
For tax purposes just consider A and B each own different properties.
If A is living in it A could claim it as the main residence-usually anyway.
If B is not living in it then B could not claim it as the main residence.
If B is not getting market rent then no deductions.
If sold B would pay CGT on the profits, but this may be able to be reduced with costs not otherwise claimed – such as interest.
Consider also whether they own it tenants in common or joint tenants.
What if A dies?
What if B dies?
Could A will their share to C? If A died it could be B and C who end up owning – does B know C? What about D? D is C's spouse and they are separating and D put a caveat on title because E told her to. E is D's defacto partner. But E is still married to F. E and F had children but it turned out that G was the father. H was the surrogate mother…
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DerekLangan wrote:Thanks everyone for backing up Jamie. Terry I really didn't need to be told not to waste his time…. I think as a potential investor I am able to ask questions and speak to a few brokers before deciding on who to go through, how else would I learn anything? I worked as a travel consultant for over 3 years and do you think I expected everyone to book through me just because they made an enquiry? I really appreciate the feed back people but i don't appreciate being told what to do when I'm only asking for advice. Lets keep this post friendly and keep up the good vibes.Sorry to have offended you Derek. By all means have a chat. But there are some people out there who go to brokers get all the advice on how to structure the loans and then you never hear from them again. So have a chat make a decision and just be aware that brokers only get paid on settled loans and they have to give back commissions if you discharge the loan within 12 to 24 months.
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TheNewGuy wrote:Thanks Richard, that's an option I hadn't considered. You might have to explain it to me in a bit more detail though, but is it something like:Assume I have saved the 10% deposit of a $350000 house. ~ $35000.
The $35000 sits in an offset account against my PPOR.
The bank then puts a freeze on the offset account so I can't reduce the balance below $35000.
The bank creates a loan account for the $35000 that is tax deductible.
The $35000 in the offset still reduces the interest on my PPOR.
Eventually, as the IP goes up in value I can release the $35000 from the offset.
If that's possible, then I'm definitely doing that.
Doesn't work like that. The offset account is savings and can be drawn anytime.
If you don't have enough equity you may have to pay the offset into the loan and then reborrow it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I agree that we should have more discussion of SMSF – this is not brought up enough.
Ivan, it is not a product, but a strategy. Lend your SMSF money and it borrows the rest from a bank.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au