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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    There could be benefits.

    The trust would be able to borrow 100% to buy from you and deduct the interest. This could release cash to you to pay down your PPOR loan and also you won't have the rental income which would have otherwise paid tax on . This will now be in the trust and be offset by the interest. Do the sums and see how long it would take to make the stamp duty back

    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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    Dongbell, you would have to speak to your legal advisor about something like this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    dongbell wrote:
    Hi Terry,

    Yes this  is going to be an investment and would you mind what you mean by "You can structure this so as to save more tax." how should I structure the investment in order to save more tax?

    Cheers,

    Dom

    Dom,

    there are many potential ways to structure something like this.
    1. Use other proeprty as securty
    2. Use other property to set up a LOC
    3. Gift and borrow back strategy with a trust
    4. Spouse lending you money
    5. cash deposit

    With 3 and 4 you could effectively increase tax deductions while diverting income to the spouse. 3 can offer significant asset protection advantages too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    If this is going to be an investment then I would suggest you borrow 105% even if you have the cash. You can structure this so as to save more tax.

    You might also consider charging your parents market rent – even if you have to gift to them money to help them pay their rent.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    dongbell wrote:
    Hello all, first post and new to the forum…

    My name is dom and I am looking to purchase my first investment property in Sydney eastwood. (a town house – budgeted around 600k) Currently, I am making around 150k and wife on around 80k. The purpose of the investment is mainly for a. Tax deduction on negative gearing and hoping for some CG in the future. I wanted to ask a few questions and your thought are much appreciated…

    1. Should I move in and live there first to avoid CGT in the future?

    2. Except from the interest expenses, is there any other expenses (significant) that are tax deductable?

    3. I am thinking to ask my parents to move into the townhouse in a couple of years time (what are the tax implication after they move in?) or should I structure the investment differently?

    4. Should the property title under my name/wife/or joint??

    Many Thanks for your help,

    Dom

    1. If you don’t have any other property that is your main residence then you should consider doing this.
    2. Yes. Non cash deductions such as depreciation of fixtures and fittings.
    3. Will they be paying market rent? If so then generally no tax issues, if not then you cannot claim deductions in full.
    4. This will depend on about 10 different things you should consider besides tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    The main difference is the tax consequences.

    I would only ever recommend a LOC for using equity built up in a property to be used as deposit and for costs of a further investment.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    thorpef1 wrote:
    Thanks again guys.

    So if i move to interest only this will be positively geared (it will put about $100/month in my pocket after all expenses, BEFORE tax) wish my current offset amount

    Before i ring my bank up and get them to switch it over to IO, is there anything that i need to be worried about.

    I will be constantly topping up the offset account so no worries there, anything else i should consider before making the switch?

    Thanks,

    Luke

    Might as well ask them for a discount while you are at it. I’d go for IO as long as possible – prob 5 years.

    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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    thorpef1 wrote:
    Thanks Jamie & Terry.

    How will this affect my borrowing capacity though since it would mean i have a large amount of debt?

    Yes it may effect your borrowing capacity. If things are tight you can always just pay down the loan when required – the flexibility is still there.

    Also keeping your loan interest only may assist with borrowing capacity as your monthly repayments will be lower.

    Plan ahead.

    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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    I generally favour not paying down a loan, even if you don't have any non deductible debt. (unless you are tempted to spend and then you probably should).

    Building up cash in the offset will have the same interest saving effect, but it will allow you the option of using this money later if you ever do buy a PPOR or upgrade a PPOR or wish to buy other non deductible items.

    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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    Do you have a PPOR home loan or other non deductible debt? If so put your cash in the offset attached to this, or you will be paying higher interest which isn't deductible.

    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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    Sounds like your so called advisor may be nothing more than a sales person??? take care

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Aosv,

    I have no idea if you have an existing family trust. But if you do you should not use it to buy property especially if it is conducting a business.

    Your investigations have lead you down the garden path, becase as a mortgage broker I can assure you that banks do look favourably to lending to trusts and companies as trustees of trusts – I just got a loan approval on 4.30pm on Friday for a cllient who is a company as trustee of a trust.

    As a lawyer I can also assure you that the title office do register transfers for properties which are held in trust. Even in Victoria. My trusts have done this dozens of times. A trust is not a legal entity so is not recorded on title, but the trustee's name is.

    $3000 is a lot of money for financial advice – what you really need is legal advice if you are investigating structure. I charge $500 for a consultation on structures and make recommendations.

    It is impossible to advise based on the limited information supplied above.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Hi.

    Yes, I am not yet licenced to give financial advice yet (planning to be eventually), but can give legal and credit advice. Richard, I am looking at PIS who you recommended way back for my AFSL.

    For Aosv, you should really look at possibly getting your spouse restructured for business into a trust structure of some sort. Another trust can then be set up for the purchase of property and it there is a loss then the business trust could distribute to the property trust to offset the loss and overall to save tax. Negative gearing in a trust.

    Watch out for land tax issues.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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 on a few things – their PPOR or investment Pre/Post CGT etc

    You will generally inherit the cost base as of the date of their death.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Its not wrong to pay down loans – it is good, but it could be more effective if you don't and restructure things slightly. If done properly it shouldn't cost any more in interest but can result in more tax savings.This

    week I met a client and within 5 mins I had saved him about $5000 pa in tax by rejigging things with potentially much more savings down the track.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    You would be a non resident for tax puposes. But you could still invest here – assuming you are a citizen, there would be no restrictions.

    There are some CGT issues and any loss would be carried forward until the rents increase or your return.

    You would have to check the situation in UK as this may affect your tax there.

    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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    Claire, both you are your partner can only claim one CGT exemption between you (if you mean spouses, defacto included).

    If as above then probably best to just keep IO with all cash going into 1 offset account. Take the cash with you when changing residences – make a new offset on the one you are living in.

    You may also want to consider your different taxable incomes. Maybe better to keep the cash in the offset account on the house which is owned by the lowest income earner.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Jason QLD wrote:
    Hi Terry,

    The $25k will be from cumulated income over each 6months period. The main intent being, placing the income directly into the offset account to generate a saving at the mortgage rate rather than the lower interest rate of a savings account.

    Taking money from the offset account doesn't equal 'redraw' whilst it is the PPOR right?

    Thanks,

    Jason

    Thats ok then. As long as the offset has a separate account number than it is just really treated as a savings account.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Hi Claire,

    How long will the cheap accomodation last?
    Have you ever lived in one of these properties? Thinking main residence CGT exemption.
    Will you or is it likely that any of these would ever be lived in?
    Generally get a LOC on the one with the most equity. You can go to 90%, but as all of your debt is deductible this may not be so much of an issue.

    I generally am not in faviour of prepaying as:
    1. You need to fix for 1 year
    2. You are really only bring forward deductions so could have a biigger problem next year if not much to claim.

    But it will depend on your interest rate and outlook, the numbers and the situation.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Jason QLD wrote:
    Hi, I am new to this forum and IPs. I have been educating myself in IP ever since I made a deposit on an OTP property a year ago (stupid? Yes, but I needed something somewhat safe to get me started and to force my brain into reading books and doing research). My current plan is to live in this property for 6months to benefit from the QLD FHOG bonuses then turn it into an IP. So I plan on taking out an IO loan. Here are some questions that have been bothering me and I couldn’t find the answer for.

    1(a). If I take out an IO loan today for my current PPOR, over the period of 6months I place $25k into my offset account (to save on interest). Before turn it into an IP I can simply take out the $25k for personal use and my tax system remains simple right?

    1(b). If I keep the $25k in the offset account and add another $25k over another 6months. A total of $50k in my offset account over 1 year period. If I then take out the $50k for personal use. Is this when my tax system becomes a mess? Wouldn’t the accountant have some simple plug and play formula for these things?

    2. Does that mean all investors still have some sort of saving account for holidays/cars/etc if they don’t have a PPOR to redraw from?

    3. I’m having a difficult time deciding how much LVR will be best for me if I intend to buy more IP in the future.  Do most investors use the maximum loan amount to get maximum leverage? Ie >90% and pay LMI? What happens if the value decreases and the LVR becomes >100%, does the banks start demanding for extra repayments?

    Any comments would be greatly appreciated!

    1. Where is the $25k coming from? If you are using redraw then what you say won’t work. If savings then ok.

    Redraw = new borrowings. Which means interest deductibility depends on the use to which the borrowed funds were put.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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