Forum Replies Created
- yellina wrote:Dear Freckle.
You are right. Do you think this is all Illegal money invested here in Australia.
Thank you
Hari Yellina
Property Investor.
Certainly not all. But lots of illegal money lots and lots!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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No lender will accept a valuation you do yourself. Even if the valuer is on the panel. The valuer will do a new report even if you had just ordered one – they will probably even visit the property again. The valuation amount will usually be the same, but not always. When you order your valuation you have to tell the valuer what it is for – mortgage with ANZ etc and they will then value it accordingly.
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 would suggest you seriously look at offloading it as you could possibly put the money to better use and could buy another if you change your mind and come back.
Think of the opportunity cost of holding it -what else could you do and the effect on borrowing capacity.
But, it will probably double in price the year after you sell it!!!. That's how these things pan out.
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
dangermouse99 wrote:Hello AllI just sold 1 of 2 units in a complex as of today (Unit 2). I have owned the Unit 1 for 10 years and have made no capital gains ($375K purchase and still worth approx the same) and had about $100K equity which was used as security U2 for $110K 18 months ago. I have just sold the U2 property for $203K and owe $77K on that mortgage. Obviously the profit will pay of the the remaining owing which is $77K. CBA want me also to lower the $375K mortgage of U1 to $296K, so once I take some CGT out of the sale and pay of the the extra mortgage on U1 there is very little left over. I was hoping to use a small chunk of the $90K profit and purchase something else for about $450K and develop moving forward. Can I somehow get out of paying off the extra mortgage on (U1) wo I have a small cash deposit or does anyone have some suggestions on how I can progress to buying my next IP with very little money down (approx 5-10% deposit). Do I have to start again and draw equity from Unit 1 again?? Suggestions and Help are greatly appreciated.
Cheers
DM
This has happened because you have crossed the properties as security for the loans. ie cross collateralised.
Not much you can do now.
But, if there has been no CG in 10 years wouldn't you be better off selling the other unit as well?
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 am a broker and do a fair few loans with ANZ. The broker has a toolkit which will tell us who the valuer is for a particular area. There may be 2 or more sometimes.
But when the valuation is ordered it is automaticly assigned. ie the broker cannot choose. The broker also will not contact the broker directly. If contact has to be made it is generally done online – updating details etc.
SO if you want to get your own valuation done first you could use a ANZ panel valuer and then hope it will be the same one who the valuation is assigned to – and hope they keep the valuation at the same amount.
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
FMS wrote:LOC has the same benifits as an SVR (standard variable rate) from my understanding. Only difference I can think of is the ability to capitilise interest. You would want to get specialist tax advice from an accountant if you where to consider this.Colin, one major difference is the ability to have a cheque book on the loan account. This enables money to be borrowed and applied directly avoiding potential contamination 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
Line of credit.
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
Subdivision itself won't be a CGT event. If you don't sell then no tax payble.
if you sell then it would be dependant on a few things – including sale price.
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
westnblue wrote:@terryThis was the reason to do cash out instead of cross collateralizing, both seem to have pitfalls. Although crossing properties is the worst option.
It was probably already crossed.
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
Best to let it all settle and then fix the problem asap.
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
Jade12 wrote:Hi Terryw,Thanks for the link. My solicitor said that secondary dwelling is not considered a main building and should have no problem. Would you agree?
Jade
Wouldn't like to comment as this is not my area.
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
Google "black v garnock"
It is not to stop them transferring to someones else but to stop others from gaining priority.
If Black about 30min before settlement someone who the vendor owed money to was able to record a writ on the title to the property. This meant that this person took the property to satisfy the debt and the purchaser was left without a property.
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 it would.
Ignoring the fact that you live in it
If you sell for a $40k gain CGT would be at most $10.
First you take off all associated costs. say $6k
Reduces the gain to $34k
apply 50% discount = $17,000
This is added to your other income.
If you didn't have any or earned about $3k, tax could be nil
If you were on $180k pa the tax would be $7650 or so.
—
If you live in a property that has been rented then you could apportion the CGT on a time basic.
So if held 5 years and you lived in it for 1 year then maybe 20% of the gain is tax free.
CHeck with your accountant
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
Jezelle wrote:Is this the same if the company owns all the money and properties, wouldn't you then go on company tax for the lot anyway?Yes, the same principals apply. A company can only claim expenses related to the production of income or business under s8-1 ITAA97. Not all expenses would be deductible, just like a person.
In this case the company is acting as trustee too – not this this changes 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
westnblue wrote:OK i understand now.What if i had an unencumbered property and the value was 100k and drew out 80k against it. Would it still be in the same position – aka the entire loan interest not being tax deductible?
From your question I don't think you do understand the concept.
Same principals apply no matter what the security is. So if you drew down $80k (ie borrowed) and parked this in a savings or offset account and then later used it for investment you will run into the same problems as outlined above.
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
spearsy wrote:What Terry is trying to say is that, the purpose of the funds determines whether or not the interest will be deductible. By depositing the funds into your offset account, the initial purpose is not to pay the deposit. Ideally, the deposit should be paid directly from the loan draw down, not via your offset account.Thanks Spearsy! That is it in a nutshell.
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
westnblue wrote:I cant see your angle…. Im drawing equity to pay for more property for the SAME company.And if you say thats wrong, well cross collateralizing is the same thing just more risky. How many people have drawn equity to go and buy more property – Nearly everyone I know.
The same laws apply no matter who the borrower is.
Interest is only deductible if the funds used are borrowed to invest.
You are borrowing and parking in a savings account before the investing. The direct nexus is thereby broken. Once the funds are in the savings account they are no longer borrowed.
However all is not lost, you may still be able to trace the money and there is a PBR which allowed interest to be deductible on something similar.
But, if there is any other money in the savings account then the full interest cannot be deductible and must be apportioned. The authority for this is the case of Domjan from 2004. Mrs Domjan borrowed money and put it in a cheque account for about 1 day just to write a cheque. She had other cash in the cheque account and this caused her to lose the full deductibility of the interest on that borrowed money.
eg.
Joe borrows $40,000 and gets an IO loan because the LOC rate was slighly higher. His accountant tells him there will be no tax problems and to just stick it in his offset account.
The offset account has $20,000 in it already. Now it will have $60,000
The percentage balances are 33% private and 66% investment.
So Joe will, at best, only be able to claim interest on 66% of the interest incurred on the $40,000.
At worse it will be much less if Joe has put money in and taken it out several times – and it will be much harder to calculate.
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
As a tax lawyer i disagree.
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
westnblue wrote:Im only parking it until i find a new property usually under 4 weeks, for every 100k im only paying $420 for a months interest (even less with offset).With 100k cash i can pay deposits on 5 regional properties, which in turn will make more equity if bought right
I stand by my comments!
Doesn't matter if it was one hour.
You should seek tax 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
westnblue wrote:I locate a property with at least 40k usable equity and do a cash out equity draw up to 80% LVR. So what happens ill draw 40k from one property and place the cash into an offset account until used, that reduces the loan somewhat until used. This cash can be then used to pay cash 20% deposits on new purchases or buy unencumbered property.
You are doing well. But borrowing money and parking it in a savings account is potentially dangerous. You are breaking the direct nexus between borrowing and investing. The longer the money is unused the weaker this nexus becomes.
If there is other cash in the offset account then you will be mixing money and non borrowed money and that will mean you won't be able to fully deduct the interest in any case.
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