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  • Profile photo of TerrywTerryw
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    wilko1 wrote:
    Just reading it my first thought is

    why do you have a mortgage on the property that you are living in ? and why do you have no mortgage on the investment property ?

    I think you should swap your loans around because as catalyst was talking about there is non deductible debt. and dedeuctible debt 

    That means that the interest you are paying on your current PPOR (Principle place of residence) is Non tax deductible against your current incomes and rental income of the other property…

    I would ask the financial planner if only for this one piece of advice. That you should take out a mortgage against the investment property. and you should repay your homeloan debt on your current PPOR.

    You would save thousands in tax, depending on the values and how much debt you have on your current 2 year old ppor in brighton it could be 10s of thousands.

    Contrary to a fundamental tax law. Not deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Consider also estate planning and ownership structures – sole, joint tenants, tenants in common, trusts, companies SMSF etc. Consider what ifs:

    death, incapacity, bankruptcy etc

    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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    Freckle wrote:
    cbarry wrote:
    my broker told me to stop over analysing everything and just simply buy something.

    Get another broker. That one isn't worth 2 bob.

    A good broker does more than just get you the finance. They help you understand and analyse the deal. They should also help you refine your investing strategy that enables you to be properly structured for future growth/investing opportunities. You reconfirm that advice/info with your accountant and at a deeper level.

    Just simply buy something doesn't cut it.

    Or maybe that is something that a sales person says – to talk you into something that will make them a commission.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    cbarry wrote:
    Hi Freckle,

    I was under the impression a mortgage broker only looks after getting finance for you. My broker said she isn't there to offer me financial advice! I thought they were separate?

    Yes, they are separate. However some brokers are also licensed financial planners, and/or solicitors, and tax advisors as well.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    1. yes

    2. yes

    3. no, income tax

    Options would be better, but also CGT or income tax on the assignment and stamp duty on the value of the option – recent changes or soon changes in NSW so you may have to pay stamp duty on value of the property.

    a. not really

    b. not in nsw

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    What do you need advice on? Consider structuring and tax and a few asset protection strategies as well.

    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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    There is no one right strategy. You need to think which will make you the most money – factoring in potential capital gains

    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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    fredo_4305 wrote:
    Hi Guys. Property is in QLD. I can see its likely ill be required to pay both again. I think its BS and money grabbing as its only removal of a name. But thats life I guess.

    Not merely removal of a name – changing of legal ownership. Not much of a bigger change than this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Generally treated the same for tax reasons. But succession is the main one to consider.

    eg. if TIC you may leave your share to a testamentary discretionary trust so as to take advantage of extra tax benefits for children, general tax streaming benefits and asset protection. you may get the will drafted so that there is the option to take a property directly too.

    That is good tax planning, but there are reasons to have JT – e.g. if you have a family member who you expect to challenge the will under Family Provision or otherwise. By the property not forming part of your will there is less chance it will be caught up in this – Note NSW is the exception.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Actually, if paying cash you may want to consider setting up a fixed unit trust to own the property and the SMSF to own the units. This may introduce some flexibility later….

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I am pretty sure every state would have stamp duty exemptions for the break down of a relationship. NSW does.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    This is a very complex question and the answer will vary depending on a number of factors – you need to seek specialist advice. If you demolish a house you may lose the main residdence CGT exemption for starters. And because you are doing a development there may be a chance that this could be assessed as income. GST needs to be considered as well.

    Generally only nominal stamp duty on the splitting of title if the names are the same before and after.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Think very carefully about this. a SMSF can only borrow to acquire an asset. So once it is purchased there can be no release of equity or setting up a LOC etc.

    You may want to consider getting an IO loan with a 100% offset account at 80% LVR. Park the cash in the offset account and pay no interest but still have the cash available if need be.

    Also, property is generally only a good investment if it is leveraged.

    For the contracts, best to seek legal advice – also seek legal advice about the trustee set up. I would recommend you avoid using personal trustees – if one of you were to die there is a lot of mucking around to change the title deeds – it could ruin your day.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No 505 discount for non residents. But, depending on your circumstances this could still be exempt as your main residence. Seek professional taxa advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Nu2oz wrote:
    Thanks for your reply Terry,

    The idea is to look for distressed property and then assign it to an investor for a fee.

    This is called wholesaling in the USA, and I'm interested to know if it can be done (legally) in Australia ?

    Could be done in theory, but would be difficult in practice. What are you assigning? Legal lnterest = stamp duty and CGT, equitable interest would also be a dutiable transaction (i am guessing) and a CGT event. Any loans would need to be redone as it would be a breach of the terms of the loan agreement. Lender’s permission would need to be sought.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It would be legal but there are many implications. There is a whole branch of law concerning the assignment of various interests in property. What are you trying to do?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    ritchiematheson wrote:
    Jim, be very careful on how you proceed with this.

    It can land you in a lot of hot water with the ATO. and on the face of it (if you do not declare the facts, it is fraud)

    As stated in requirements of the grant (which is a reasonable sum of money, please don't forget this. Its a privilege in Australia not a right) you must reside in the property for six months in the first 12 months of ownership after completion of construction

    As Terry pointed out if you live in the property, and then it becomes an investment later on, and you sell (with in 7 seven years of you living there) the property may be deemed PPOR, thereby not subject to capital gains Tax (something to consider in your exit strategy) 

    Saying this as you asked for creative ideas, and I personally like to hear a slow yes than a fast no.

    an option maybe to take on a boarder while you live there (ie a house mate). there is certain criteria they have to meet, however, the income will have to be declared, but you deduct their portion of expenses (eg power phone, gas etc), and you may meet the conditions of FHG and PPOR.

    get the balance right (expenses = board)

    Could be the win you are looking for. however check your facts first!!

    Just on a side note (and perhaps a big learning point for you), buying a property as a home for yourself is NOT the same as buying an investment. please don't confuse the two, it can be very problematic, especially when it comes to financing and government grants

    Please let us know on how to go

    cheers

    Ritchie

    Ritchie you are confusing state law with commonwealth. Duties and FHoG grants are state law and administered by the OSR not the ATO. INcome tax, GST and CGT is commonweath law and administered by the ATO.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    see s118-145 ITAA 1997

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Not necesarily fraud if you are not living there. You would have to look carefully at the relevant legislation.

    To avoid CGT you need to live in the property inititally. You could then move out for up to 6 years and keep it CGT exempt while rented out – depending on the circumstances.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Why not just live there? What will you be doing for the first 2 years? You could poissible make it CGT free by living in it initially.

    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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