Just think that you have to keep your cash for non deductible debt and borrow for any investment related expense – This will speed up your repayment of debt by increasing your tax deductions and decreasing your non deductible debt.
No camping. Adverse possession claims are very difficult and can be unsuccessful – imagine living in a property for 11 years only to have the legal owner turn up and claim it at the last minute.
Keep in mind any extra funds won't be deductible and you should set up a seaparate split loan rather than end up with a mixed loan and the associated tax issues.
Look at trusts instead – with a company as trustee.
Companys have a few disadvantages. One is the 50% CGT reduction which is not available so the company will be paying a flat 30% CGT rate where as the individual (direct or via a trust) will pay a max of 24% but probably much lower.
Another disadvantage is that the income of a company does not retain its character. So if you have a capital gain in the company and this distribute it to a person then income is no longer capital gains but dividends. This means a person with a capital loss could not use the income to offset the loss.
Asset protection is another one. Companies offer limited liability but the shares are property so if you are sued then the company provides no asset protection benefits if you hold the shares. If you are going to use a discretionary trust to own the shares then you might as well use the trust to own the property.
If so you are in luck as one spouse can buy out the other spouse at full market value without stamp duty. Any interest on the new borrowings would generally be tax deductible and any cash released can go towards the new PPOR to reduce the non deductible debt.
Apologises for hijacking this thread My Ques is similar to the one posted by stu82. I have a line of credit on my IP which is under joint name. My and wife's share in the IP is 99/1%. If I borrow from LOC to invest in Shares under her name, Will the interest on the loc be claimed in the same percentage (99/1) or My wife can claim fully as Shares are under her name only. Please advise. Thanks
Wife could claim fully if the money borrowed is used by her to invest in shares (that are income producing)
So the PPOR is in your name and you are effectively borrowing the funds against your PPOR and providing this as a 'gift' if you will, to your wife who has the title on the IP in her name? If yes, then only the people who are the title are able to claim just the portion of the borrowed funds against the taxable income.
If you are on the title of the IP then yes you can claim the portion of which you are on the title. If not then you cannot claim this.
Remember that it is the purpose of the loan that determine the tax deductibility.
Regards
Shahin
Shahin, this is not correct.
Firstly if money was borrow to gift to someone then no interest would be deductible at all.
The security of the loan does not matter so whose name is on title for the PPOR is not reallyy relevant.
If the house is in the husband's name be he has a LOC set up in his name and this money is on lent to the wife and the wife invests it then the wife will usually be able to claim the interest.
This is because it is really treated as an on lend with the wife paying the husband interest and the husband claiming the interest he pays as a deduction. Net result is the deduction is in the hands of the wife.
Your friend doesn't have a contract with the electricity company so they are unlikely be to liable for the tenants bills. I cannot think of any circumstances where they could be liable.
Privacy is a different matter. I am not sure of the answer but would request the ombudsman to provide the request in writing and to 'compell' you to provide the details and under what basis of law you are compelled. Under the privacy act you may be exempt from the requirement to keep privacy details from release if compelled by law. Privacy Act also may not even apply in this situation.
in indonesia this is actually what happened to a mate of mine. his propertty was stolen by an ex girlfriemd and he has been trying for years to get it back he has a supreme court order that says the property is his but still having trouble getting it tranfered to his name after 3 Years there was a mistress of the local police chief renting it too and she stopped paying the rent so all sorts of problems