Forum Replies Created
- wisepearl wrote:Jamie – in the above situation, given the original loan account was for investment property and provided the new purchase is also for IP, can one safely assume that the income payments required to keep the loan alive can therefore be tax deductible as they are borrowing costs for investment purposes?
OR do they lose their tax deductibility because the loan is not at that time used for an income producting purpose? though one could argue there is interest being earned off the term deposit held as security?
let me know your thoughts on this, otherwise will flick it to the accounting forum and see what any of the tax gurus have to say.
Interesting questions.
The interest on money borrowed to invest in a term deposit with an interest rate lower than the loan rate normally woudn’t be deductible as it is not a commercial transaction.
But if it is temporary and the new security also becomes an IP straight away then it may be arguable that it was done in the production of an assessable income. I don’t know the answer, so make sure you get some tax advice.
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Hi Rusty
When you say ‘the farm” what entity are you referring to?
A trust can make loans to beneficiaries depending on the terms of the deed. It can also make payments of capital tax free to beneficiaries, but to do so it will need capital to make the payment with. If the trust is borrowing $30k to invest then you will probably be envisaging it making money and so it could distribute income to beneficiaries and then capital – from increased equity for example to pay the loan down. But if there are any capital gains then these will need to be distributed or the trustee will pay 48% in tax.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Thank you wisepearl.
A caveat is not a form of security, but just is notice that someone else has an interest in the property. I am not sure how a trust could have an interest in the property that you as an individual would buy, but maybe the trust provides the deposit money and thereby has an interest.
Not knowing the full details, but this sounds like an uncommercial transaction designed to defeat creditors.
In NSW it could be void under s37A conveyancing act. There would be similar provisions in other states
http://corrigan.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s37a.htmlUnder the Commonwealth law you have provisions under the Corporations Act and Bankruptcy Acts which may apply.
For example.
s301 Bankruptcy act
http://www.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s301.htmls588FC Corporations Act
s588FDA Corporations Act
s 588FE etc
may also apply.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi
What was the method suggested? I can tell you why it won’t work – probably.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, there are so many people out there who are worse off because they don’t know certain things.
For example there are people out there paying more tax than they should be, missing out on allowances, missing out on centrelink benefits etc because they just don’t know. Others are paying more interest on home loans when they could be getting a refinance at a cheaper rate.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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hi P
One of my friends was trying to sell her uni lodge unit about 12 years ago for around $120k. Not much capital growth.
But, I hear they are very small in size so hard then the normal small units to finance. You may need at least a 40% deposit if you can finance at all.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Send them a demand for payment and threaten legal action. Give them say 7 days to pay
Then start court action by issuing a statement of claim in the local court. You could do it yourself without a lawyer. Just doing this will make them get a move on and pay you.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Not only is he breaking the law he is exposing himself to being liable to compensate anyone who suffers a loss because of his advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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igreen wrote:Another option if you have more than one property both with 50%, then Borrow upto 80% from property B and put it into Property A. Then sell property A and put all the money in your PPOR.That won't help because there would be a loan from property B which would need to be paid back when A is sold.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Watch out for aggregation of stamp duty – prob assessed for stamp duty purposes as if it is one purchase even if you have separate contracts for each unit.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The yield is irrelevant to the agent. What you want to be paying is market rates or slightly under for giving him multiple properties.
I think 8% is pretty standard for NSW so you are getting slightly under. If the rent is $300 pw and you get a 1% reduction that is going to save you only $3 per week. Why not work with the agent and work out ways to increase the amount of rent on the property. That way you both can benefit.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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1. If you are going to be making a profit then a trust structure would be worth looking at
2. No, brokers must give back the commission if the loan is repaid within 12 to 18 months
3. Best to borrow off other property and pay cash if possible. If not then not much you can do, don't fix, keep it variable.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Might work out cheaper to get income protection insurance.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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What state is the property located in?
Another Option if in VIC
Husband buys wife's 50% share and borrows to do so.
New loan $515,000 with interest deductible. Possibly no stamp duty or CGT.
Frees up $485,000 cash which can be used for the new PPOR purchase.1.
Using redraw won't increase deductions – the interest will only be deductible on the $30k
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Option 4.
Buy a PPOR now get the FHOG and stamp duty concessions if possible (New concessions announced yesterday in SA for apartments, but may not suit you).
Move into PPOR to establish it as your PPOR. Get IO loan, 100% offset.
Move out and rent your PPOR.
Moving in will allow you to establish it as your main residence and keep it CGT for 6 years while renting it (under certain circumstances). And you can get the grant etc. Then renting will allow you to claim all associated costs with the property and to reduce your income tax.
Best of both worlds, but a bit of hassle moving twice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Could be that prices rise before this ends as everyone rushes in. Be careful
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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NEver heard of it.
What law was changed? Sounds like a conspiracy theory to me.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The 6 month rule could possibly apply for a 6 months of the time if B becomes your main residence eventually.
s118-140 ITAA 97.
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.140.htmlBut, since you have not lived in B yet then it isn't your main residence so the 6 year rule won't apply, s118-145.
But if you construct a main residence on B and then live there for at least 3 months then the dwelling could be classed as a main residence and be exempt from CGT under s 118-150.
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.150.htmlTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Wow, have you added up all the savings???
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I've been using the firefox browser on my tablet. works well and you can open multiple tabs by holding your finger down on the link for a few seconds.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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