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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Kris

    Security for the loan is irrelevant. If you secure the loan on an investment property to buy a new PPOR then the interest won't be deductible.

    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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    @terryw
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    Each state has different rules. It may be possible if the purchaser is also the person behind the trust. You need to get legal advice asap as this will affect the loan you will be applying for.

    You may also be able to terminate that contract and enter into a new one – which may be less risky for you

    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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    Just excel with one sheet per property and then link it all back to the summary sheet.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    credit card? may work out cheaper

    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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    Morts

    PI insurance wouldn't help if you had debts you couldn't pay.

    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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    @terryw
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    Probably best to wait off on the bank a bit. Tell them only when it is all organised. Otherwise they may not lend or may want to class you as a developer or similar.

    But best to talk tax asap.

    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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    Plus it is very hard to rent a place now in Sydney. heaps of demand.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    You would need to get the lender on board of course as you could not amend the titles while they are holding as security. Generally it is no big deal, the bank will consent to release if you pay down the loan on or before settlement to keep the LVR at the acceptable level on the remaining security.

    Taxation aspects are pretty complex.

    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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    I don't know what grounds you would have legally. I would just put it down to a unfortunate event and move on (no pun intended).

    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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    @terryw
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    Well, i bet you will read the lease next time.

    I know it must be annoying having to move frequently, but there is nothing to stop a landlord from selling a property and the new owners not wanting to extend the lease.

    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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    You are throwing good money away!

    You should have IO on the one you are renting out and PI (or ideally IO with offset) on the one you are living in. If you don't then you will be paying more tax.

    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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    What does your lease say?

    Did you read it before signing?

    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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    Thanks Rob for that.

    s114-10(7) says that the survivor is taking to have acquired the interest of the deceased at the time the deceased acquired it and the 12 month discount would be applied fro that date.

    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s114.10.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    @terryw
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    If buying for cash you need extra special planning, especially from an tax and asset protection angle.

    But, good idea. You could get a $100,000 for 80k and later borrow against it at 80% x 100k = 100% finance (in theory).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    How can you understand that? it is just my opinion.

    You must do some indepth research, thinking and planning. And in the end it will depend on the property too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Probably VIC if you want to make money.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    @terryw
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    With no capital growth you are probably better to keep your money in the bank!

    If you invest in a cashflow property returning 8% then have you worked out what you will get after expenses. You must factor in high costs for repairs too.

    Of course with leverage things may work out better and there could be some capital growth.

    And, if you have that much cash sitting in the bank you need to get some good legal advice as well.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    WIthout Capital growth you are not going to make any money in the long run.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    @terryw
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    My view is that none of the interest will be deductible if you put the money into an offset account. Once it hits the offset it is no longer borrowings. See the Domjan case – although Domjan was denied deductibility because the borrowed funds were mixed with non borrowed funds in the offset.

    Use a LOC as it is not worth the risk. Or use a term loan with redraw and have the funds sitting in redraw ready to invest. Make sure this is a separate split though.

    As for the interest on the buyer's agent fee. This will relate to a property which you have not yet purchased. So I am not sure how it would be treated. Would be interested to know what the accounants think.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Aalli

    Before you buy make sure you get your structure properly sorted out and set up,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 4,441 through 4,460 (of 16,319 total)