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  • Profile photo of TerrywTerryw
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    @terryw
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    If it is being held on capital account then your accountant is correct. You cannot claim the main residence exemption under after it becomes the main residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    I think it could be worse. The main residence exemption doesn’t apply where the property is held on revenue account even if you were living in it. Your intention at purchase was to buy build and sell and you took actions in this regard.

    There is also no 50% cgt discount in these situations.

    Also considered GST?

    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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    How you would do it is to borrow 80 or 90% of the new property and for the remaining costs you would set up a new loan against your main residence.

    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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    I understand it is required so they can represent me in auctions ?

    It’s one way of doing it but there are others. You could just sign the contract yourself, appoint them as your agent or they could act as your nominee.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    You would want to restrict it to a specific property and amount.

    Why do you want to give them a POA?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    I am not sure what you are asking but if you mean out down a 10% deposit by borrowing against other property then lmi will apply in most cases.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    The second option would likely involve paying LMI. No point in paying this if your serviceability will run out before your equity.
    .

    If serviceability later improves you can always borrow against these properties further and incur lmi then if need be.

    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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    Probably would be deductible if your intention was to rent it at end of Reno’s. See Steele’s case.

    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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    Very interesting Benny.

    This is the first time that I had heard of this so I just made a spreadsheet to test it out and I got similar results. Very interesting.

    My results were
    $1 double 20 times becomes $1,048,576.

    $1 doubles 20 times with 30% tax on the income component becomes $40,642

    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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    It all depends. Cgt may not apply and you may be taxed as income under some situations.

    No need for a valuation unless it was your main residence.

    All holding expenses could be claimed in some circumstances while you are holding and renovating even though you are not advertising for rent but only where you intend to rent it out after finishing.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Disregard whatever value an agent attributes the property for 2 reasons – a) they will exaggerate to get a listing and b) they are not valuers.

    I would suggest you get a valuation done.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Not much else you can do.

    Seek some tax advice on generating a capital loss and the ability to keep claiming the interest on the loan after the property is gone.

    If your other properties are mortgaged to the same bank you have the risk of all monies clauses whereby you would have pledged these as security for all loans with the bank.

    Best to seek legal advice before doing anything.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    THe trouble you will face is that many if not most lenders will use the same mortgage insurer.

    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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    The bank won’t release the mortgage on the property unless what they are owed in full is paid. That will mean you can sell the property but won’t be able to settle unless you can either come up with the shortfall or convince them to lend you the money to pay them back.

    Do you own any other assets?

    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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    Say your current PPOR loan is $250,000 and you have $150,000 in the offset and need $75,000.
    This is what you would do:

    Split the current $250,000 loan into 2 portions
    a) $175,000
    b) $75,000

    Once split pay the $75,000 from the offset into loan b). Make sure your lender won’t close the loan though. You might have to leave $100 outstanding.

    Then redraw the $75,000 and pay it directly to the property purchase – solicitors trust account etc.

    If you don’t have time to do that then you will end up with a mixed purpose loan. Part of the loan will relate to the PPOR and part for the investment property so you will have to apportion the interest. This si no big deal, but it can become one if the loan is PI as each repayment will be reducing the deductible portion.

    The ATO allows a mixed loan to be unmixed by refinancing and splitting. So you can do it later, but just do it quickly if the loan is PI.

    BTW the B loan should ideally be Interest Only.

    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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    It is certainly worth considering. There may be arguments for and against fixing though.

    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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    If your interest rate is 5% and you use the offset account money you will have to pay an extra $3,750 in interest per year and this would not be deducitble.

    If you paid $75k off your main residence debt and reborrowed it you might pay the same interest but would now have an extra $3,750 in deductions each year. that might mean $1,800 extra in your pocket per year for many years to come.

    Make sure you split the loan before you pay it down otherwise if you deposit and redraw you will have a mixed purpose loan.

    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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    Hi Rickey,You wouldn’t be assessed for CGT on the new house until such times as you were about to sell it, and any CG Tax at that time would depend on “what else had happened between now and then”.
    What are your plans for the OLD home though? Are you planning to sell it? It sounds like it might be CGT exempt based on your words – but I am not an adviser, so don’t take my answer as gospel. It also depends if it was your PPOR (Principal Place of Residence – or home) for the whole time since you bought it. If not, then there “might” be some CGT to pay when selling it, depending.
    Benny

    Not enought informaton to answer, but possibly exempt. But the existing house would then 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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    @terryw
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    I think they should make things harder for those buying their second and subsequent properties. Tighter lending as well as land tax and perhaps scaling back the CGT and negative gearing benefits will help this. Increasing RBA interest rates will too, but this will hurt owner occupiers.

    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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    Yeah, I would suggest you put the funds in an offset account attached to the loan used to acquire the land as this interest is not deductible. Don’t pay off the loan just yet, just in case you change your mind.

    Actually as you are living in the unit you could also put the money in an offset account on this loan while it is non income producing and then move the cash over to the other loan once you move in.

    As neither loan interest is deductible atm, the loan with the highest interest should probably be offset for now.

    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 - 721 through 740 (of 16,319 total)