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

    Simple really

    Have an offset account on your PPOR. Get all rents paid into this account and all wages and income.

    Then just direct debit out to the various loans when interest is charged.

    Ideally also have a LOC in there somewhere. You can then borrow to pay all expenses related to the property, except interest. This will help you save non deductible interest.

    Use a credit card to pay for the expenses first and earn points and take advantage of the interest free period to save yourself even more non deductible interest. Before this card incurs interest you pay it off from the LOC (refinancing one loan with another).

    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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    @terryw
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    Yeah, just a local lawyer probably wouldn't cut it. Australian consulate would be the way to go.

    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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    Yes, BFA is really the only way to protect. Costs a fortune because of the risks involved. $2k to $5k for a simple one. These can be done pre/during/post a relationship so it is not too late.

    Just because she is 'renting' this doesn't mean she cannot claim. Probably has no effect if she is in a relationship with your mate.

    Of course the other option is to break up before 12 months…

    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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    @terryw
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    Yep made-man, another thing to consider.

    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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    Yes, if redrawn money is used for investments then little problems for the moment. Problems can occur if down the track one proeprty becomes a main residence or perhaps one property sold.

    Bank will treat as one big loan. You will have the burden of apporitoning interest.

    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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    Jac you read my mind. I was going to ask is that in VIC? ha ha.

    Wendy,

    The following factors need to be considered:

    Taxation

    CGT

    Stamp Duty

    Land Tax

    Asset Protection

    Contribution

    Long term goals

    succession

    ability to transfer to a SMSF later.

    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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    To keep it simple, so you had a $100,000 loan for an investment property.
    You thought you would save interest by parking your $20,000 savings in the offset/redraw.

    1. If it is an offset
    You pay interest on $80,000. This is fully deductible

    You later take out $20k to use as deposit on the new PPOR you will buy.
    Interest on the loan is now $100,000. This is fully deductible.

    or
    2. If it is a redraw
    You pay interest on $80,000 and this is fully deductible.

    You later take out the $20k to use as deposit on your new PPOR.
    This is treated as new borrowings.
    Because it was borrowed for a private expense the interest on this loan is not deductible.

    So now you have a loan of $100,000 but only interest on the $80,000 part is deductible.
    This mistake has cost you about 5% x $20,000 = $1000 in lost deductions each year.

    Furthermore now you have created a mixed loan. Your $100k investment loan is part investment and part personal. This creates further problems, especially if you were to try to pay off the private portion first – it is impossible. You would have complex mathematical calculations to do in apportioning interest and the only way to fix it would be to split the loan into 2 and start again – once you calculate the exact portions.

    Imagine having an extra $1000 in deductions each year for 30 years, this would greatly help pay off your home loan sooner.

    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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    mrpeterb wrote:
    />

    Do i need to put my current PPOR into a Trust to give me the best opportunity with the banks for my first couple of investments?

    Does anyone know of a good Lawyer and Accountant based in NZ to help me get setup for my venture?

    Can somebody explain in more detail Steves chapter on borrowing capacity? where he describes that on a wage of $100,000, the banks could potentially lend you $300,000 assuming you have the deposits available?

    Can i setup multiple trusts at will? What can i expect my limitations to be?

    Anyone else had the same ideas as me with regard to investing in NZ and done so? I'd love to hear how it went and the barriers that were faced.

    Any advice would be a huge help – Thanks in advance.

    Why would you want to put your PPOR in a trust? You may incurr land tax and will CGT and stamp duty. Little benefits gained.
    Banks generally lend around 5 times your annual income – very rough guide.
    You can set up multiple trusts. Your limitations will be your ability to pay for the set ups and running costs

    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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    Be very wary of off the plan.

    Also generally only 1 offset account is needed, unless your cash will exceed the loan amount. Or maybe the properties are going to be in different names.

    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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    Discuss exit strategies up front. What happens when one wants out?

    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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    Is the offset account an offset account or a redraw account called an offset? There could be a big effect if the loan is investment related.

    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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    cam7702 wrote:
    Sorry Terry, I shouldn't write posts in a rush!

    I was talking about the original question Re. renting from yourself.

    If someone was to rent their home out, to an unrelated party, then lease it from that party would this be OK. If you had the property on an interest only loan you could pay a higher rent and the unrelated party could make an income to make it a commercial arrangement.

    I suppose if it were OK every one would be already doing it!! 

    Thenewme let us know how you got on !!

    Dean

    Sounds like some sort of scheme. Why would someone rent their property to A to only sublease it back?

    If you are talking super then it would be prohibited under the SIS Act if residential. If commercial then a related party can rent it.

    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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    This will only effect a small minority of people who have been getting good tax free income from their super. A superfund can earn up to $100,000 and still pay no tax, thereafter it is just 15%. So if the fund as a $200,000 profit it will pay just 7.5% just. Outside of super if a person earned $100,000 this would be taxed at 37%. A company would be taxed at 30%.

    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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    No time limit in the tax act, but you need to consider the ATO guidelines. Must establish it as the main residence, not just move in briefly.

    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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    You can't use a council valuation for stamp duty purposes you will need a proper valuation done.

    Why not just gift it after 01 July.  Installment contract? Option to purchase?

    Why gift at all? What are you trying at acheive? Consider centrelink issues, stamp duty, asset protection, estate planning as well as CGT.

    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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    cam7702 wrote:
    I suppose any negative gearing benefit would be stuck in the trust, which would negate the benefit if the trust had no other income.

    What about the subleasing? I cant find any arms length transaction requirements as in SMSF.

    Negative gearing is not a benefit! Its a loss.

    If a discretionary trust owned a property and there was a loss the loss stays in the trust – just as it would if you bought a property and there was a loss. The difference is that you have other icnome to offset the loss. Trusts can have other income too, but if none then the loss carries forward.

    Not sure what you mean about subleasing and arms length requirements – a SMSF couldn’t lease property it owns to a member or an associate, even at arms length, unless business real property. You couldn’t get around this with a sublease.

    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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    cam7702 wrote:
    If you used a trust don't you lose the exemption on land tax?

    What if you had some one rent the home from you and you sub-let a room from them?

    This would depend on the type of trust and the state the property is in. Fixed unit trust in NSW for instance – unit holders get the land tax free threshold.
    Discretionary trust in QLD – large tax free 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

    Profile photo of TerrywTerryw
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    boshie wrote:
    Hi Terry

    Thanks so much for your comments.   In response:

    1.  I will definately call the credit card company – considering the amount of interest we've already paid to them over the past year or so I'd like to think they would take that into account and work with us to help pay it off.

    2.  I have spoken with the ATO and we have set up a monthly payment arrangement.  Still not ideal but much better for us to manage. 

    3.  I met with my bank today about splitting the loan.  He told me they could fix the entire amount of the loan and lock it in for 3 years and then apply for a variable loan at a better rate of 5.6% for just the credit card debt of $22.5k ???    This seemed strange to me as I thought I would have to have a small amount in the variable portion of the loan (around $20k) then add the extra $22.5k credit card debt onto that ??    This would be perfect for us but it wasn't until after our meeting that I thought how can we possibly get a variable loan for a credit card debt but at a home loan variable rate of 5.6%?!?!?

    4.  –  I'm not understanding what you mean – sorry

    thanx again

    With my 4. I think credit card companies would be likely to cut a deal if you have a lump sum to offer and could pay them out in full within 7 days. Depends on your situation and your negotiating skills

    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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    Hi Boshie

    Sounds like you on hard times. I suggest:

    1. Ring credit card company and explain the situation, ask for a discount and if they can cut the debt in half and drop the rate or interest free to assist.

    2. Ring/Write to the ATO and ask them to wipe the tax debt.Provide medical evidence etc. They probably will

    3. stay with same lender and apply for a split loan. keep most on fixed and a small amount on variable so you can pay off if your situation changes. Ask for $20k extra to pay credit card. But try to get the cash to pay it yourself.

    4. If credit card company says can't help then once the loan is done ring them again and offer to pay them 1/3 of the outstanding balance in cash within 7 days if they accept your offer. Take it up to 50% if you have too.

    Good luck

    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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    Hi Barney

    Get legal advice on the trust set up. RPI on the forum here is a QLD lawyer.

    You could settle the money onto the discreitonary trust and then borrow it back. Depending on the situation you may be able to set up a special trust known as post death testamentary trust which may have some tax concessions.

    You then can purchase the house in your own name or another trust. This acheives great asset protection and tax advantages.

    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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