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  • Profile photo of TerrywTerryw
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    @terryw
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    You are incorrect here. An offset account is completely different to redraw. You could be creating a very messy and costly situation by using redraw.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    PLC wrote:
    Terryw wrote:
    jate wrote:
    Would anyone ever use a Line of Credit to pay off monthly loan repayment interests instead of taking it out of a normal transaction/savings/offset account? or will the banks somehow not really allowed because it too is 'borrowed' funds?

    For example:

    Property A – Loan – Monthly interest charges $111.11

    Property A – LOC – $100,000 limit available

    Property B – Loan – Monthly interest charges $222.22

    Property C – Loan – Monthly interest charges $333.33

    Therefore the LOC against property A with the high limit is treated as the "master" account where we normally pay for the utilities, bills, etc. can also be used to pay the Loan Interest repayments on Property A, B and C's loans? or would people normally just treat each one separate and use a standard transaction/savings/offset account to make payments to all 4 accounts directly?  

    Of course, keeping in mind trying to maximise deductibility and all that too.

    Yes. But this should only be done after seeking tax advice and probably obtaining a private ruling from the ATO. Interest on the LOC may not be deductible depending on your reasoning.

    Terry, isn't this type of structure frowned upon by the ATO? Was there a ruling recently on something similar to this?

    Or is it only if PPOR debt is involved as well as investment debt that the ATO don't like it?

    Cheers

    Tom

    Tom, the ATO don’t like anyone saving tax!

    Interest on interest is deductible if the underlying interest is deductible. However, the ATO have issued a TD saying they may apply part IVA of the ITAA36 if someone is setting up a scheme with the dominant purpose of paying off the home loan sooner – ie saving tax. But this doesn’t mean you cannot do this as there may be other reasons to structure you affairs this way.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    jate wrote:
    Would anyone ever use a Line of Credit to pay off monthly loan repayment interests instead of taking it out of a normal transaction/savings/offset account? or will the banks somehow not really allowed because it too is 'borrowed' funds?

    For example:

    Property A – Loan – Monthly interest charges $111.11

    Property A – LOC – $100,000 limit available

    Property B – Loan – Monthly interest charges $222.22

    Property C – Loan – Monthly interest charges $333.33

    Therefore the LOC against property A with the high limit is treated as the "master" account where we normally pay for the utilities, bills, etc. can also be used to pay the Loan Interest repayments on Property A, B and C's loans? or would people normally just treat each one separate and use a standard transaction/savings/offset account to make payments to all 4 accounts directly?  

    Of course, keeping in mind trying to maximise deductibility and all that too.

    Yes. But this should only be done after seeking tax advice and probably obtaining a private ruling from the ATO. Interest on the LOC may not be deductible depending on your reasoning.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    A Russell wrote:
    My daughter and I want to buy investment properties however to protect my current assets I have been advised to set uo a company. In my situation is it better to Have a company or trust

    Best to get proper legal advice on this. Companies or trusts may not protect your current assets to any great extent.

    There are lots of other issues to consider also such as land tax, 50% CGT discount (not available for companies), loan structuring – for both asset protection, taxation and serviceability. etc

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Be very careful about this. Multiple legal issues involved.

    From a tax perspective this could be a rebate. Actually it could even be treated as income.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Paterson00 wrote:
    Qlds007 wrote:
    Charlotte which lender did your current broker advise and why?

    From what you told me by email i have an idea who i would have recommended especially with 100K deposit but always interested to hear what someone else in the industry recommends.

    Just ask your Broker do they own a property or two and then secondly do they owe anything on them? 

    We can all buy a property and gear 110% but when you can live off the rent because owe nothing on them that is different.

    Cheers

    Yours in Finance

    What does it mean to gear 110%?

    borrow 110% of the value of the property

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    wilko1 wrote:
    Is that because he could of been seen as "finding" the property to onsell to the current money partner

    If no consideration is passed between the two would it still constitute a onsell?

    It would be, possibly, treated as an onsell. But, I think in Victoria there may be duty concessions if it was sold at the same price – possibly no additional duty. Don’t think this would occur in NSW.

    Vic has many nice stamp duty laws!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    wilko1 wrote:
    Wouldn't "and or nominee " work in this situation. Then just assign  through your solicitor to the person who is purchasing the property.  Or is that just something you don't want to do with a money partner in case they leaving you holding the bag.

    Be very careful or this could result in double stamp duty

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    If you are signing a contract you would need to sign it and enter the contract in the name of the legal owner. This means whoever will be on title needs to go on contract. If you change names on a contract you could be up for stamp duty twice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Depends what you mean by 'offer'. If you are signing a contract you would need to sign it and enter the contract in the name of the legal owner. If he is the money partner wouldn't you be the one on the title?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Ps, just noticed Tahmoor – I sold 5 acres there a few years ago and made a killing. 5x what I paid for it!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Captain Capital wrote:
    Hi Guys,

    As the title suggests, I'm sitting on a massive pot of gold, and I really don't know where to go from here.

    I own two properties,

    Tahmoor: 320,000

    Buxton: 300,000 (PPOR)

    Mortgage: 290,000 @ 5.44% ~ 8 years to go. Paying 600p.w + 300 from rent = 900p.w

    Equity: 330,000

    Income:

    Me; ~ 50,000 (Casual at Armaguard)

    Wife: 76,000 (Teacher)

    Rent: 17,000

    Defaults:

    Me: Two credit cards. One for 12000 Just paid in full and one for $1800 will be paid in full by eofy.

    Wife: None

    No other debt. We own both cars.

    Now here comes the clencher. My dad has 9 acres at Tahmoor that will be approved for subdivision into 6 x 1 acre lots and he will retain 3 acres to live on. He wants to sell the land with DA attatched for ~ 1 million and give each of his 4 kids 250k each. But apparantly he will be stung with gift tax.He was thinking of buyiing our homes of us and writing in his will that we inherit them back when he dies. I don't like the idea of this. How can I borrow against a house I don't own?. Will rental income be his income, or mine?

    I've also read McKnights book, and want to go down the Trust road, so I can borrow and borrow and borrow.

    So the $64000 question is "how do I structure my finances to maximise borrowing, and how should I take my living inheritance from my dad?" Pay it into a Trust?

    Peter

    You and your dad should seek legal advice here as there are thousands of dollars in potential savings.

    If you dad were to structure things right he may be able to get a significant tax saving by selling the property now to a trust which then does the development. Perhaps 4 trusts as tenants in common or maybe even 4 trusts and himself as tenants in common. One trust for each child who takes control now or at completion.

    Another option is for him to pay more tax now and leave each child a share in a discretionary testamentary trust at death – greater asset protection and tax savings for each of you after he dies.

    Another option is to get him to do it, sell, wear the tax and then gift the money to each child or into their respective discretionary trusts.

    Many many legal issues to consider.

    That book is not correct on trusts and borrowing.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Jimmy86 wrote:
    yeah agreed Terry. but we outsource this to solicitors, or the client's solicitor sets this up :)

    Good to hear Jimmy!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Jimmy86 wrote:
    Terry, Nope. A dangerous financial planner.

    Be careful in setting up trusts including then. You are unlikely to be covered by insurance and could be breaching legal professional acts.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Jimmy86 wrote:
    Hi Creasy23,

    firstly, $7k is far too steep for set up. We are closer to the $2,200 mark for property set up with limited recourse borrowing ability, legals and fees.

    Your super balance is not the final decider We have both set up SMSF's and helped people invest in property for less. From a lending point of view the bank will take into consideration your (and partners) age, employment, wages and more importantly super contributions. Also the rental appraisals you get done on the potential property to see if it is viable.

    Someone with $70k in super could look at property in SMSF if they earn $150k+, can salary sacrifice and choose a high rental yield property.

    with a low balance in play you almost need to work backwards from finding the property, to then satisfying the lending criteria. If that makes sense. (where as outside of super you might go to the bank, find out how much you can borrow, then go find your investment… you need to find your investment property, get the rental appraisal and then look at finance).

    as a guide:

    At $90k balance with an average income (2 partners working/contributing) I would be looking at low end townhouses possibly… $300 – $320k.

    Jimmy, are you a lawyer?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    jate wrote:
    If I really wanted technically I could drawdown on my equity and place the new found cash into my Offset Account thereby increasing the Offset Account's balance to $160,000 and significantly reducing my monthly interest repayments to the basis of only $40,000.
    (

    You are confused – you would be borrowing $160k to put in the offset, so your repayments would be based on an extra $160k loan too.

    Also you would lose deductibility of interest if you borrow money and place in an offset account with other funds – Domjan case.

    Be very careful about this. I am speaking with a client whose broker recomended this and we are going to sue the broker because of the lost tax deductions. (also another broker has stuffed up clients trusts set ups and was giving legal advice so we are looking at him too)

    Get tax advice – from someone qualified such as a tax agent or lawyer.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Creasy23 wrote:
    Hi there

    I was hoping someone may be able to help with some of my questions in relation to SMSFs.

    My partner and I are thinking of setting up a SMSF in order to purchase a property. I have heard (and read) lots of different opinions on setting up a fund, with some saying you need as little as $100K, with others saying don't event think about it until you at least have $150K +. Currently we have a combined amount of $90K.

    My questions are:

    • what is the optimum amount you should have in your super before looking into this?
    • is around $10K the average cost of setting up a SMSF? ($7K to set up and $3K for incidentals)
    • if we were looking to purchase a property for around $320K, I am thinking $90K be sufficient to just cover these costs? (set up, 20% deposit, stamp (NSW), closing costs etc) Are there any major expenses we are missing from this equation?
    • If the property is positively geared, are you able to set up an offset account on a loan in a SMSF so that any rental income and future super contributions are able to sit against the mortgage?
    • If over time that property is paid off by rental and additional super, are you able to sell this property and using this cash purchase a property of higher value? (we are both 30 so still have at least 30 years in the workplace)

    We understand that you can't draw down on the equity to purchase another property outside of the SMSF, however that isn't a isn't a huge concern for us as we have already acquired three other properties and can draw down on the equity from each of these for additional investments.

    Thanks for reading through my questions and I look forward to hearing your comments and suggestions.

    Creasy

    I would say you should look at around $200k in super before considering setting one up.
    I set them up for about $5,000 including 2 companies and 2 trusts and legal advice on the corporations law, trust law and SIS act etc. It is my view only lawyers are qualifed to set up companies and trusts. Using an accountant or fin planner is dangerous.
    90K wouldn’t be sufficent. You could be breaching trustee duties if you tie up all the funds in one property. You must also allow for contingencies
    yes, can use an IO loan with offset
    yes the trustee can sell the property and buy another.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    jate wrote:
    TheFinanceShop wrote:
    Good work – create a "superman" account against the PPOR and pay IO. Divert all rental income to the PPOR Offset and then have all outgoings going from that offset.

    Disaster diverted.

    Hi Shahin,

    Doesn't this method breach some taxation law in terms of items which can be tax deductible?

    That is, because this is mixing 'Personal' funds in your PPOR with 'Investment'?

    Regards

    Even better, borrow to pay IP expenses and save more in the offset

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    jate wrote:
    Terryw wrote:

    I see so many people who are costing themselves a fortune because of poor structuring.

    Hi Terrw,

    Are you able to advise what is the best way to structure accounts for people where you have a basic portfolio such as the follows and looking to be able to most effectively scale up and grow the number of investment properties whilst still making sure we are maximizing all tax benefits, lowest costs and having the flexibillty.

    • 1 x PPOR
    • 2 x Investment Property

    I'd be interested to hear what combinations of Home PPOR Loan vs Investment Property Loan, Offset Accounts for each or Line of Credit account structure people should be creating. Moreover would be curious to understand how best to operate these. For Example like: place all salary in account 'X', all rental income in account 'Y', all renovation/bills/deposits for new IP from account 'Z'

    It all depends on many things such as if properties owned jointly or solely etc

    generally
    PPOR
    IO loan with 100% offset
    All income and rent to go into the offset

    Equity in the PPOR should be accessed via a LOC. Best not to use a standard loan as deductibility can be destroyed – and I am licenced to give tax advice so I can advise on this = in writing too

    IP loan should be IO.

    As IP grows equity should be accessed and ‘paid’ back to the LOC for a few reasons. 1 is to keep things separate a bit.

    LOC can also be used to pay all expenses for the IP and this will free up cash to pay into the PPOR offset.

    In some situations I may recommend paying off the PPOR. Depends on the circumstances – eg. large sum of cash in offset but no equity. Best not to use the cash to offset but to repay loan and borrow it.

    Also use private spousal loans in some instances to maintain 104% deductibility when there is not enough equity.

    I should add all loans are stand alone with no crossing of securities.

    Existing properties should also be stand alone. If they are crossed you should uncross asap

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Ajax wrote:
    What about using a Pty Limited company to purchase an IP?

    Does this avoid the National Consumer Credit Protection Act requirements?

    What are advantages/disadvantages of an IP held in a Pty Limited company?

    Yes, it would not come under NCCP – but why are you trying to avoid this?

    Major disadvantage is no 50% CGT discount and fixed shareholdings – which could be held by a discretionary trust to get the flexibility.
    May also get a new land tax threshold

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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