Forum Replies Created
Rather risky I think. What if you forget to exercise the option on time – if your exercise is ineffective or defective. Plenty of cases where this has happened.
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
The Newbie Investor wrote:Hey Guys I am 21 years of age and just read Steve Mcknights book, I am inspired. I want to begin my property portfolio and wanted to ask, if I was investing in property should I set up a business account or trust ?? Because say I had multiple properties it would be safe to not have them under my own name right?? How would I go to start my journey ?? I am going to speak to a broker and also a lawyer for legal advice, but it would be great to know what your insights are on this?? I want to look for positive geared properties and also capital gains.Keep reading the forums. I would suggest you hold off on the advice for a while so you can get better acquainted with the subject.
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
DerekLangan wrote:Excellent, I didn't realize Jamie was the one you were talking about from earlier in the post but thanks for the referral. I will definitely talk to Jamie before I go ahead with somone else.I am sure Jamie would like to talk to you, but if you are going to go ahead with someone else then don't waste his time.
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
Why are you paying interest with the LOC? Whether it is deductible or not will depend on a few things. At the very least you should get some tax advice.
"Pulling funds out" worries me. Withdrawing from a loan is creating a new loan. The interest on this new loan will only be deductible if the bororwed money is used for investments.. If this is 'parked' somewhere you can lose deductibility. Since it is a loan increase rather than a split this can create further problems by creating a mixed loan.
If you borrow to repay a LOC this is just refinancing one loan with another so is generally a good idea.
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
If it is one title then you would need to apportion your loans accordingly. ie. you can't artificially have all the debt on the investment portion and none of the other portion.
Check with your accountant about deductibility of interest.
And banks split loans all the time so you shouldn't have a trouble from this end.
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
Not that i know of.
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
You could split the loan on purchase. But you couldn't attribute more than a fair split to the investment portion.
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
There certainly is a risk.
Speak to a lawyer about priority of interests in land. Generally first registered legal interest takes priority over later interests. But this is a complex area. You would register a caveat on exchange due to you obtianing an equitiable interest.
Depending on the state and the structure of the option there could be stamp duty on the option at the same rate as the land so get legal advice before doing anything.
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
Why a LOC on the property? This could be dangerous.
I agree with Shape – doesn't really work in practice. Personal loan will be short term, high rates and PI. It will hurt serviceability. It will also be hard to find a lender – not impossible though.
getting a quick and higher revaluation is also not easy.
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
Make sure you get legal advice – don't use a conveyancer for this sort of thing as there are many issues.
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
mthommo82 wrote:I purchased my PPR in 2010 and didnt open up an offset account. I proceeded to pay excess money into the account not knowing there was a difference between redraw and offset. In 2011, I then brought an IP and used money from the redraw facility to pay for the deposit, stamp duty ect. I now read that this redrawing has changed the purpose of the loan. This is a problem for me as it was my intention to move out of the PPR into the IP and claim the interest on the loan as deductions. So my question is can I again change the purpose of the loan by selling 50% of it to my wife? Or can I never move into the IP and just keep it as an investment?Slow down there!
There are a few issues here.
Firstly you could sell your half to your wife – but many complicated and costly issues.
But things might not be that bad.
At the moment you have created a mixed loan – most probably non deductible as it related to the purchase of the house which is owner occupied. This interest may be deductible once you move out and rent it.
The other part was money borrowed for the new IP so this portion should be deductible.
But the problem is you are probably paying PI and it is a mixed loan so that would make it hard to apportion.
I would advise you to immediately convert the loan to IO and maybe even consider splitting into 2 – the redrawn portion used for the investment and the rest. Have the offset account set up on the non deductible portion and problem almost solved.
Then when you move out asses whether you would be better off selling it to your wife.
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
Yes, not a good idea. As a business you are entering contracts and there are other potential liabilities so if the company is sued the house is at risk.
Also a company doesn't get the 50% CGT discount either.
Look into trusts.
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
It is, but what was the company formed for?
And why would you want to buy in the company?
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
I don't understand, so will use an example
$600,000house
$200,000 loan
= $400,000 equity
80% of house value is $480,000. Less $200,000 existing loan = $280,000 useable equity. You could possibly set this up as a LOC.
If you are purchasing a $600,000 commercial property this LOC would be used as the 20 or 30% deposit and then you borrow the rest secured on the new property.
$600,000 x 70% = $420,000
$280,000 from the LOC.
$600k
You will have to factor in costs too.
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
Many issues.
First determine what effect this will have on their pensions.
Then if you were to buy part of the house, what about accessing equity down the track – all owners must go on loans. If it is a rental then no PPOR CGT exemption for you and what was once fully exempt becomes partlially exempt.
Stamp duty on the transfer.
Estate planning issues.
Asset protection issues – if you default parents won't have a place to live maybe.
Perhaps getting them to assist you into a property may be less messy. parental guarantee or even a loan may work out better.
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
yeah, request a copy of the survey report.
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
As far as I know there are no land tax exemptions In VIC for land owned by a company – even when the sole shareholders are living in the property.
If the company was acting as trustee then this is different – depending on the trust.
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
Possibly. Depends on the LVR of your home.
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
Thanks Richard.
Yes you could have an option to purchase part of a property. There are many ways to structure the option and strike price. could be based on an average of 3 valuations, cPI increases or some round figure. cost to prepare an option agreement would be around $2,000 to $3,000 plus disbursements and GST.
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
Chris-Syd wrote:Can I use Rent from an IP to paydown PPOR Home Loan?Currently have IP Rent coming in. This is going into an IP LOC.
Can I use this instead to paydown my PPOR Loan and let the IP LOC incerease?
Is this allowable with regards to TAX?
Will the interest on the IP LOC be tax deductible even with it increasing?
This is a dangerous set up.
There is nothing wrong with using income to pay down the non deductible loan first. I wouldn't go as far as Richard to say you cannot capitalise interest – this is possible in some circumstances – one of the judgments in Hart says so, specific tax advice is needed.
But, paying rent into a home loan or offset on the homeloan while paying the monthly interest on the IP should not bring up ay problems.
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