Forum Replies Created

Viewing 20 posts - 3,421 through 3,440 (of 16,319 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Christos76 wrote:

    This got me thinking about taking it a step further and re-mortgaging my investment loan to borrow as much as possible against this IP and keeping the extra funds released from the equity in the offset and then pulling all that out towards the purchase of a PPOR. My follow up question is can I do this since I will be using the offset for non-investment purposes, or will it be OK as long as the re-mortgaging on the IP loan is complete before purchasing the PPOR?

    If that is allowable it seems that would make the most sense as I would be taking the maximum equity out of the IP, using it for PPOR, and therefore maximizing my tax benefit. At least that is what I was thinking.

    Does that make sense or is there a flaw in my logic?

    Thanks,

    Chris

    Doesn't make sense, logic is missing!

    you are proposing to borrow money and investing it into a savings account = interest not deductible.

    You will be mixing borrowed money with non borrowed money = even more not deductible!A

    And you will be using the funds in the offset to buy a private residence = prima facie interest not deductible.

    further more the original loan would end up a mixed purpose loan and cause all sorts of other difficutlies in calculating and apportioning interest.

    You can see why you need tax advice

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Christos76 wrote:
    … and transferring all my redraw into the offset to make sure I take full advantage. My plan is then to use my offset to put towards paying off a PPOR loan which I will take out when I find a place I want to live in and then purchase.

    Don't do that!. You would have containinated your loan. = disaster.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I would prefer the use of the offset account rather than paying down the loan.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    cham_chuan wrote:
    Thanks, Terry

    How much LOC would I be able to take out generally speaking?

    if i plan to apply for 100K, would i be be paying LMI even I don't use it?

    you are saying by getting LOC on my PPOR ,and leave the IP loan stand alone… 

    am i right by :

    when I spot a property, I use my LOC to put down the deposit 

    use the pre-approved loan for my IP

    and anything that is short, pay with the LOC?

    it makes sence…. to me

    is that correct?

     

    Ideally get the LOC to 80% LVR of the main residence (less current loan). If this is not enough you may need to go over. LMI will be payable upfront. Properly strucured the LMI could be deductible.

    When you find a property place the deposit from the LOC and borrow the remainder as a separate loan. Pay expenses from the LOC too – but not the interest on the third loan.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Things can change. So you may decide not to move into your Brisbane house again and buy somewhere else to live in. If you had paid it off this will cost you a fortune in extra tax. Why not consider a IO loan with a 100% offset? This will allow you to save the same interest but keep a large loan just in case. In 4 years you could have $440,000 in the offset and $440,000 owing still but no interest being paid. At this stage if you decide to move in you can pay off the loan/keep it as is incase you move out.

    If you want to use the $85k whatever you do don't take it out of redraw as this will create all sorts of problems and you will end up paying more tax. Set up a separate LOC on this property and borrow this $85k. This will then be segregated and you can claim the interest separately from the main house loan.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Get a LOC on the main residence and use that to pay for deposit for the IP. Keep stand alone. All IO loans. Offset on main residence loan.

    Consider names on title for the new one.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Of course there would be restrictions.  THe land would be worth much more than $1 and this is being done to help the town economically.

    Probably such as:

    1. Must build on it within x months

    2. must be owner occupied.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Scott No Mates wrote:
    Is it still possible to withdraw all of your super if you are relocating overseas with no intention to work in Australian. again?

    Not anymore

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The definitive answer is found in s 8-1 ITAA 1997.

    (1)  You can deduct from your assessable income any loss or outgoing to the extent that:

                         (a)  it is incurred in gaining or producing your assessable income;

    ……

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    No, not possible unless you meet a condition of release. used to be possible but not anymore.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    prospector wrote:
    No, i wish now i hadnt gone through a broker,

    You surely mean "I wish now I hadn't gone through that broker.

    Just because most are clueless doesn't mean all are. (from what I see at training sessions etc most are clueless)

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    NSW has 5 days cooling off period too – although this can be waived. If the purchaser pulls out during the cooling off they forfeit 0.25% of the purchase price under the standard contract.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You can create new trusts but this won't help with servicing if the same people are giving guarantees.

    There are no books on this sort of thing. For structuring in general see The Trust Structure Guide 2012.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Be very careful about redrawing money. Get some tax advice first, but generally you could use the money as deposits on the next property – $8000 is no enough at this stage though.

    And don't be tempted to increase this by paying the loan down, it would be more effective to borrow the equity.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes you certainly can have 2 trustees and both can provide personal guarantees.

    But think forward – do you intend to buy more property inside and outside the trust? This may actually hurt serviceability depending on your 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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    That book is not correct on this topic.

    And, I think you understanding of what was in the book is not correct either. He was not talking about multiple directors, but multiple trusts.

    Income of a guarantor will be used to assess the borrowing capacity. This includes all loans the guarantor has in their personal capacity and as guarantor. So setting up a new company or trust won't effect this as the other loans guaranteed will still affect the new loan applied for.

    You can increase borrowing capacity by having 2 directors of a trustee but you probably shouldn't for 2 reasons:

    1. asset protection

    2. Affect on future borrowings

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Shape wrote:
    Terryw wrote:

    But, a trust set up under a will or post death in some circumstances will have its income classed as exempted trust income and a child can pay tax at adult rates. This means roughly $20,000 pa fax free per child. So make sure you consider a discretionary trust in your will.

    Interesting…So say im the solo trustee of  ABC trust, if this is included in my will ..does that mean my  next of kin can claim the above  ^ benefits/features? 

    Just a bit lost on what " a trust set up under a will " means.

    Regards 

    Short answer is that trust assets do not form part of your estate and cannot be passed via will.

    Say you own a property as trustee for a trust. You cannot pass this on in your will. You will need to consider who will take over the trust once your die. The trust will continue and a new trustee must be appointed. How this is done is usually stipulated in the trust deed. Usually it is the appointor that decides the new trustee. If you are also appointor then this doesn't help, so you must have a back up appointor in the trust.

    If you don't have a back up appointor it could be your legal personal representative who decideds. This would be your executor if you have a will. So careful consideration is needed as to who this will be. If for whatever reason you don't have a will then someone close to you can apply to the courts to become executor. They could even appoint a private trustee company – such as the Public Trustee.

    So you need to consider succession of your trust carefully or others may take control. And I have seen this happen.

    A will can contain provision for a trust too. eg. you can leave your house to Michael, or you could leave it to Peter as trustee for Michael. You can even have a full discretionary trust or a unit trust in your will. This is called  a testamentary trust.

    There are huge advantages to having a testamenary trust such as:

    1. asset protection if  a child later becomes bankrupt or goes through a family court dispute.

    2. Tax streaming

    3. Tax effective distribution to children – at adult rates meaning $20,000 pa per child tax free.

    So there are huge advantages to leaving property to loved ones via a trust structure.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Different states have different rules and they are not very clear. It could be possible in some instances but best method is to avoid the risk of double stamp duy and contract in the relevant entity from the start.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    JacM wrote:
    I am guessing if you had put the words "and/or nominee" beside your name, you'd not be in this predicament now.

    Possibly this wouldn't have changed anything.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    What you have signed could be a contract – whether labelled contract or no.

    Seek legal advice asap as you may have a few grounds to termination such as cooling off period and other.

    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

Viewing 20 posts - 3,421 through 3,440 (of 16,319 total)