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  • Profile photo of TerrywTerryw
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    @terryw
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    You are losing tax deductions by paying more into the investment loan. This means you will be paying more interest on your PPOR debt which isn't deductible = losing money, although probably not much.

    What is the rate on the LOC? They are often higher.

    A LOC can be used like a IO loan. Just make sure you never deposit anything into the loan other than the monthly interest charges.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It may be worth considering borowing more on the IP and keeping the cash for the car. IP loan would be deductible and lower interest rate than a car loan – which may not be deductible or fully deductible.

    And, try to get a cheapy and make your money work for you.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    pauln wrote:

    That's what the bank recommended as they were both previsouly P&I.

    Do you mean the bank recommended the loans be set up as LOC?

    This worries me.

    And why are you paying fornightly?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Another terrorism incident in bangkok last week too!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    JacM wrote:
    Check that your loan offer from the bank allows a 90 day settlement. 

    Very good point – usually tey don't extend that far

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You would be related parties – so can a smsf sell to a related party? I am not sure off hte top of my head. A SMSF cannot acquire but don't know about sell.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Possibly a unit trust and a SMSF could buy a property as joint tenants.

    But a SMSF could not buy units in a unit trust if it was a related party. These would be deemd in-house assets – actually a SMSF could prbbably invest up to 5% of its value in an in-house asset.

    But there would be further restrictions such as the unit trust would be unable to mortgage the trust's property.

    see also reg 13.22C SISR.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    cyberman wrote:
    lets say if I get together with say 5 friends with the view to buy Investment properties…should I still set up a syndicate through a solicitor  or should we just purchase properties as Tenants in common?

    It would be a very good idea to get some advice first.
     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It could be CGT free if that is the case – but then the new one would be subject to CGT.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sounds like you don't understand the concept of deductiblity of interest. This is determined on what hte borrowed funds are used for. So if you borrow against your old IP (eg LOC) and use this to pay down the new PPOR loan the purpose of the borrowings would be private and therefore the interest could't be deducted.

    If A and B jointly own a property and A buys B's share the interest on a loan for this partial purchase would be deductible, generally, if that property is an investment.

    This may entail stamp duty and CGT though. So you have to run the figures and see if the tax savings make it worth paying the stamp duty and CGT.

    If your properties are in VIC it could be possible to do with only nominal stamp duty.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you moved out of hte PPOR then the portion of the loan that you could attribute to the money that was used to purchase the PPOR may be deductibe – or the interest on this portion would. Any interest on any money you have ever redrawn from this loan would only be deductible if it was used to invest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You cannot change a purpose after it has happened.

    Ideally you would have used a 100% offset account and IO loan when purchasing the old PPOR and this would have saved you thousands in tax when you purchased the new one.

    To fix/improve things now you could sell the old PPOR or if jointly owned sell/buy the other half and borrow to do so. CGT may be minimal but stamp duty could apply. If the property is in VIC you could be in luck.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think the stamp duty rules will vary for each state so legal advice should be sought before signing any contract. This should be done for any property purchase but even more so for a SMSF purchase.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Also, you have to consider the minimum loan sizes. I have seen some SMSF lenders have a min of $200,000

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes a valuation would be needed
    s 118-192 ITAA 1997    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.192.html

    Debt is not taken into account when calculating CGT. So what you do with borrowings etc is not relevant for CGT  – but it could be relevant for income tax purposes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Powers of attorney cease operation at death!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Realistically how much of a property could you afford with such a deposit? Setting up the SMSF and bare trust could take a third of that money. Then you have hte lenders legal fees, stamp duty and conveyancing/legals. A deposit of at least 20% and probably 30% or even more for country towns would be needed too.

    The trustee of the fund would also probably be breaching their duties if they sunk the whole of the super fund's money into one property – especially a cheap rural one.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If it was the vendor then how is she going to sign the contract and the transfer?

    If someone is taking over the estate, have they been appointed by a court? ie Probate/letters of administration been granted?

    If not then they have no legal authority until their appointment. It doesn't matter what the will says because you won't know if it is the last will and is valid until probate/letters of administration.

    These things can drag out for many months and even if you do have a valid contract there could be many reasons why the property cannot settle on time – or at all in some instances.

    So seek legal advice if this is the case

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hang on – who died?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Death maybe another!!!

    A vendor is more likely to die within 90 days then 30 days!

    What effect will this have on the sale? any special conditions.

    Insanity is another and so is bankruptcy and even divorce – what if the ex mistress lodges a caveat after your exchange?

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