Forum Replies Created
Elle
You would generally use a Pty Ltd company to run a business as this gives limited liability and opportunities to split income. What sort of business is it? Asset protection is important.
How much is left on your non deductible portion to the loan? It may not matter too much, you might just be able to use redraw and just pay everything into the loan and pay it off asap and then set up properly for the investment.
Yes, i am a finance broker.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Elle
There is a huge difference between and offset and redraw. It may work out the same in terms of interest, but there are whole lot of tax issues.
I suggest never pay extra off a loan but always use an offset.
And NEVER use a LOC for a loan but only to access equity. If you use a LOC it will be the same as constantly using redraw. You could end up with a large loan with none of the interest being deductible.
This is what I suggest
1. IO loan on main residence with a 100% offset account
2. Separate split on the available equity as a LOC. This should only ever be used to pay investment expenses and deposits etc. Never pay this off, but just pay the interest each month
3. A new IO loan for the new investment property. No offset needed and never pay any extra off this loan.Once loan 1 is paid off then you can transfer the offset account to loan 3 the investment property.
If you are hopeless with money then maybe you should have PI with loan 1.
Also you should not be running a business in your own name. This is risky. If you will continue to do so then there is probably no reason to use a separate account but just use the offset account so that you save some more interest.
And combine this with using the credit card for FF points. But becareful with buying personal items and business items and then paying off the investment portion with the credit card.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi WIPM
Sorry, I mean buyer doesn't pay the deposit.
Off the top of my head I am not sure what happens, but think, in NSW standard contracts, that the vendor can terminate the contract if the deposit has not been paid in days after signing.
Don't forget each state has different standard contracts, and these contracts don't have to be used, but usually are and they are often modified by deleting, amending and adding clauses.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The vendor may have a change of mind after accepting, but there would be a binding contract – but they still may be able to get out if the vendor had not paid the deposit, for example, by the required date.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Indeed Pat!
Why not ask them to please acknowledge receipt of this email etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
that would probably be ok. fax and email – scan with signature if posisble
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you had no PPOR then you could have multiple offset accounts if you wished – eg you may want to save 20% of your salary into a separate account for budgetting reasons etc.
But just watch out for fees.
But if you had a PPOR then i suggest 1 account so you can be the maximum interest and tax savings.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Well, it could be and it would usually stop there.
But with contract law there only needs to be a few things for a binding contract relating to land:
1. Price
2. Parties
3. Property identification
4.I think it is the 4 Ps – can't remember the 4th one though!
So if a letter of offer contains the names, address, price etc of the property then this could be enough to be the contract.
But, there are also legislative requirements that certain searches be provided prior to the contract being entered into – but if these were provided separately they could still form part of the contract in the form of the letter.It is unlikely that a vendor would try holding someone to ransom over this but it is possible.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sometimes it is better to sell and then take the money and set yourself up properly and more tax effective next time. Don't be too hard on yourself as it is a common mistake and you have still done well.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
jmsrachel wrote:Have you signed the contracts? If not, you don't have to do anything. Happend to me last week. If you have signed contracts, the vendor must sign within 3 days otherwise the contract is terminated. This is the case for Victoria any way.This is not necessarily true. The letter of offer could be the contract.
To withdraw the offer immediately write to the otherside before they accept.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Its seems the original loan may have been set up well with an offset but not used correctly because you have paid down the loan to a large extent.
This has locked the money up and it cannot be redrawn tax effectively.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Where did you live as your main residence?
If you moved in 1 jan and out 30 april then you haven't lived there 6 months so wouldn't qualify for the FHOG.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
FHOG and CGT have different requirements.
The requirement for a FHOG is that you have to live there for 6 months which you appear to have done.
The requirement for the CGT main residence exemption is that the property has to be your main residence or was your main residence and you are temporarily absent.
Couples can only have one main residence between them so when you got married or become defacto this is when you can only have 1 before that both could be qualified.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No. You should be using a 100% offset account attached to your home loan to save non deductible interest.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Definitely.
If you start paying PI that means you are diverting funds from your home loan (what you could have been using to pay of your home loan). Remember home loans are private expenses so the interest will not be deductible like an investment loan
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I missed something basic above.
You cannot have the custodian trustee the same as the SMSF trustee because of the principle that one cannot hold assets on trust for oneself.
Also the custodian company cannot be a special purpose company.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Jason, if you want to learn about asset protection then I would recommend the Trust Structure Guide 2012 also from the tax institute. Costs a fortune though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Considering there could be savings why not just commission a new valuation yourself and tell the valuer what you want it for. A valuation coming it higher could save you a few thousand in CGT. If it comes in lower don't use it!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I should point out that the notion estate orders are part of the family provision section of the Succession Act in NSW and they only apply after the death of a person. What these orders mean is that assets that were associated with the deceased but now owned by them or not falling into the estate can be deemed to be part of the estate. This includes super, trust assets and assets held as joint tenants. So someone apply for a family provision order relating to a will could get their hands on these assets. Family provision claims can be made by certain eligible persons who have not been adequately provided for in a will.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sounds like a capital expense to me and therefore only can depreciate.
What are they worth?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au