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Sorry I should have wrote "shouldn't" !
ie should not be a problemTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, should be a problem joining 2 loans relating to the same property.
RAMS would have to reassess you and your property and increase the loan with the money being used to pay out westpac.
But take this opportunity to reassess your loan with rams
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
There is more to it than just changing your IDs too.
There is a case in Vic, relating to the FHOG, where someone did that and didn't actually live there. This was proven as the electricity usage showed virtually no use during the period it was allegedly the main residence.
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 be a shock to the system.
Was it an error? Or did you negotiate a 0.9% discount and do you have evidence of this?
The contract would allow the bank to vary the interest but the wording is probably such that it is 0.90% off the variable rate so they would have little room to move. Sounds like a binding contract. I am sure if it was the other way around – where you agreed to pay an extra 0.90% then they would be acting differently.
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
How do they take 28% of the principle and divert it to the shares? Possibly by making you pay extra or having the loan as interest only.
If they could do it you could do it.
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
If the trustee changed but you kept the title ownership as the previous trustee then that person would be holding the property as bare trustee for the new trustee.
I can't really see a point in changing trustees unless the ownership changes too. Why do you want to change from your mum to you?
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
Yes, probably correct (without knowing all your details).
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
Not usually. This would just be a change in legal ownership with the beneficial ownership remaining the same.
But watch out for stamp duty and other hassles changing the names on title and redoing the loans.
Consider having a company as trustee as it is easier to change control but keep ownership the same.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
73% of the combined loan as this relates to property A. The other 37% relates to property B.
So if you move into property B then only 73% of loan 1 would be deductible and this would be against property A.
Since you would be living in property B, the PPOR, none of loan 2, the 37% part, would be deductible.But if you moved out and rented both then the whole loan would be deductible with 27% being attributed to property B.
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
learning curve2 wrote:…is it true that i can move into Property B for a few months (to gain the CGT exemption) and then out again returning it to be an investment and the interest on Property A becomes deductible again?No.
Whether you move into B again is irrelevant to claiming the interest on A.
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
That is a question that only you can answer. There are not just tax issues but lifestyle etc.
If property B was rented then loan 2 would be deductible too because it relates to this property. If you move in and out again you may still be able to claim the main residence CGT exemption.
I think it is best to not pay off loans. Imagine if you paid off the loan and then moved out again buying a new PPOR. You would have no or little deductions on that property while having a high nondeductible loan on the new PPOR.
Try an IO loan with a 100% offset to keep your cash in. You could end up paying no interest while you are living and then then when you move out move your money from the offset or keep it there depending on your situation.
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 it applies for the life of the loan.
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
Property A = Investment
Property B = Future PPORProperty A has 2 loans against it.
Loan 1 = $150,000
Loan 2 – $58,000Assuming loan 1 is associated with the purchase of the property the interest on this loan will probably be deductible.
But loan 2 was borrowed to pay into PPOR. So the interest on this loan is not deductible – actually it may be now that the house is rented but won't be once you move in.
Since this is on big loan you would need to apportion the interest.
Total loan is $208,000 so
Loan 1 = 150,000/208,000 = 73%
Loan 2 = 58,000/208,000 = 27%So assuming this is an interest only loan only 73% of the interest will be deductible once you move into property B.
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
how much is the loan on the house you want to move into?
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
Only a portion of the interest may possibily be deductible.
Can u give a description with amounts of what happened/?
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
Yes there could be tax issues.
Sounds like you have refinanced part of one loan with part of another. Mixed loans will become mixed purpose loans once you move into 1 of them so there will be tax issues.
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 you have set up the loan in a less than ideal fashion.
If you are going to rent the place out then I suggest you look at not paying the loan down and instead change to an IO loan with a 100% offset account.
The reno loan could be consolidated into the main loan as long as none of it was used for non property related expenses there will probably be no tax issues.
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
What is the ownership structure of the investment property and which state is it in?
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 Duckster
An option contract would not cost $8800. That is extremely on the high side! Maybe you put an extra 0 in by mistake.
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
You cannot claim a main residence exemption unless you live there first.
But if you are a defacto couple and your spouse lives there that would probably qualify for extablishing it as your main residence as long as you or her are not claiming any other property as your main residence at the same time.
Seek tax advice first.
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