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  • Profile photo of TerrywTerryw
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    @terryw
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    sniffer wrote:
    i think what is being asked is    how can i reset the 6 year clock??  

    Move in again as your main residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I don't know if that is correct v8. Bank fees – I assume monthly or yearly fees – these wouldn't be a borrowing expense but a general running expense such as rates, insurance etc. I am not sure where on the form you claim them, but it would be the same as rates.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You must actually move in to reset the clock and you may need good evidence to prove this if challenged or audited. There is no minimum time period in the legislation either.

    If you rent it to tenants and they move out and you wait 2 months then move in it would only be your main residence from that 2 month period. This is unless you had lived their prior to the tenants moving out. If was your main residence and the tenants had lived there for exactly 6 years and then you waited 2 months to move in then there may be issues as the property had earned income. The legislation isn't clear on this, but ATO publications suggest that the first 6 years would be CGT free but the next 2 wouldn't.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I am confused by your confusion.

    Basically you could rent your main residence out for 6 years and avoid GST
    or you can leave it empty until your death (and not rent it) and it could still be free of GST.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You do need equity to set up a LOC. Max LVR is around 80% usually, some 90%

    So if you had a property valued at $100,000 and a loan of $90,000 you could not get a LOC.
    But if you had a $50,000 loan then you could get a $30,000 or a $40,000 LOC depending on the bank etc.

    A LOC is new borrowings, but undrawn initially.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You seem to have started 2 threads on this topic.

    See my replies here
    https://www.propertyinvesting.com/forums/getting-technical/finance/4345094

    (you aren't associated with this business are you??)

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You claim them in the year they are incurred.

    If you mean where on the forms it would be on the investment property schedule.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hayate69 wrote:
    Terryw wrote:
    If they are the lender then they would actually be the mortgage manager, This would mean the loan is mortgage insured no matter what the LVR. This may not be a concern but if you are aiming for multiple properties it could restrict you.

    Rates will depend on the size of the loan some majors around 5.85%

    Also you could do this on your own too.

    How would you be able to do this on your own? You would have to fork out extra money to put into the investment. Whereas this doesn't require you to do that. 30% of the principal repayment is put into the ASX 300 fund.

    You would borrow from your LOC and use all the principal to reduce your non deductible debt.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hayate69 wrote:
    Terryw wrote:
    If it is a separate loan, the loc, then that is good. You must have equity to do this then

    Good that they have a license too.

    But who is the lender? 6.6% is very high at the moment. I hope the main loan isn't a LOC.

    Not sure about the fees being deductible up front. Seek your own tax advice.

    You mentioned you need equity to do this in the above post. But you don't actually need equity as it does not borrow against the equity in your own home.

    To set up a LOC you need equity

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hayate69 wrote:
    There is no redraw against equity for the LOC in the investment property, which is great!

    I am not sure what you mean here?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If they are the lender then they would actually be the mortgage manager, This would mean the loan is mortgage insured no matter what the LVR. This may not be a concern but if you are aiming for multiple properties it could restrict you.

    Rates will depend on the size of the loan some majors around 5.85%

    Also you could do this on your own too.

    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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    If it is a separate loan, the loc, then that is good. You must have equity to do this then

    Good that they have a license too.

    But who is the lender? 6.6% is very high at the moment. I hope the main loan isn't a LOC.

    Not sure about the fees being deductible up front. Seek your own tax advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If it operates like a redraw that concerns me even more. That would result in a mixed purpose loan so how do you distinguish the interest deductible.

    Also make sure they are authorised to give this sort of advice – AFSL licence or an authorised rep of a licence holder.

    Also what are their fees?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    i would be concerned that it is not tax effective.

    You would probably be effectively paying cash for an investment. If you could instead pay all the loan amount off the loan and then borrow the extra money to invest into the same share investments then you would be paying off the non deductible home loan faster.

    The 'Gap protection' will probably involve the purchase of an option so there will be fees for this too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Very difficult to find a lender willing to allow vendor finance of 20%.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Get a valuation done. Agent's listing price usually doesn't bear any relationship to value

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Pat007 wrote:
    On a related note, if used for an investment type purchase is the debt interest on a credit card claimable against Tax in Australia ?

    In Australia if you borrow for investment or business related purposes the interest is generally deductible. This includes credit card interest.

    But with a credit card often there will be a mixture of purchases so you may have to apportion any interest claimed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You can refinance a SMSF loan, but St George is a good one as you don't have to provide a personal guarantee.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Trust Magic is a great book and I would recommend it over Renton's for beginners.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    See Special Purpose companies
    http://www.asic.gov.au/asic/asic.nsf/byheadline/Special+purpose+companies?openDocument

    Annual fee is a mere $43
    http://www.asic.gov.au/asic/asic.nsf/byheadline/Schedules+of+corporations+fees?openDocument

    Actually, you are asking about the custodian trustee aren't you. Now I am not sure if these could be special purpose companies. But a call to ASIC would set you straight.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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