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Yes a lawyer can advise on this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I have read that book and found it so full of holes it is not funny. The author doesn’t appear to be a lawyer and completely misses many areas that need considering while making mistakes various aspects that she does mention. I wouldn’t recommend it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
1. contract generally. If you have contracted just to buy land than generally the land price. If it is a house and land package then the price of the house and land.
2. stamp duty and tax by yourself and stamp duty by the new purcahser too
Seek legal advice
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If the property is subject to GST then you would have to pay the vendors 10% extra. an extra $50k in your example possibly.
You had better seek legal advice before signing this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
actually I think you can almost unscramble an egg – I heard a recent story about scientists being able to unboil a hard boiled egg.
http://www.popsci.com.au/science/scientists-figure-out-how-to-unboil-eggs-,399671
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you can sell and make money then it may be worth considering, but there is a fair bit of risk involved. What if values drop and you cannot sell for example.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
you can’t unscramble an egg.
Money paid into the loan cannot be unpaid (well it can be but the tax consequences cannot be undone).
If you want to reuse that $20k you should split the loan into the 2 portions = $20k and the other. Don’t simply redraw it first.
Once split you can then redraw the $20k and use it for either a private expense, with the interest not deductible, or an investment expense with the interest deductible.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think you probably couldn’t claim the interest until the property is sold.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
And don’t forget the margin scheme may apply.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
1. GST would generally be calcuated on the sale price of the property while it is new.
There may GST inputs you can claim.2. Depends on the circumstances. If your intention is to build and sell then the interest would be a capital expense.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
totallu different
When you pay money into a loan you are paying down that loan. When you redraw money you are borrowing it.
Tax deductibility depends on what the borrowed money is used for.So if you temporarily pay money into an investment loan when you redraw that money the interest on that portion of the loan will only be deductible if the borrowed money is used for investment or business purposes. If you do use the money for a personal expense then not only is the interest not deductible you will have a mixed purpose loan and you will have to apportion the interest.
Example
Johnny has a $500,000 investment loan and inherits $400,000. He has no other debt so he pays $400,000 into the loan on the advice of his bank (they said he would be saving interest!!).Johnny then goes out and buys a new house to live in for $400,000.
Whats the tax implications?
Johnny can not claim the interest on the full $500,000 loan any more. $100,000 of this loan is now associated with the purchase of the investment property and $400,000 is associated with the payment of the main residence. Johnny can only claim 1/5th of the interest each year.
At 5% pa, Johnny has reduced his tax deductions by $20,000 per year for the next 30 years or more. That is a potential $10,000 extra cash that he doesn’t have.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Transfer to a trustee or a declaration of trust with no transfer will result in both stamp duty and is a CGT event. There are also asset protection consequences which will vary depending how you do it.
In short you would have the following costs:
legal advice
conveyancing
loan exit fees and mortgage discharge
trust set up
stamp duty
CGT
new loan fees (if any)However, it may still be worthwhile doing where there is still non deductible debt on the main residence. I am doing one now for a client for a $1mil property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What is most common is not always the best option.
Tenants in common equal shares
Tenants in common unequal
Joint tenantsthese are the most common. But you may wish to consider a few other options such as single ownership with loans between yourselves as well as the banks.
eg. $100,000 property in your name.
$80,000 loan from ANZ
$20,000 loan from her.2 years later, value $150,000
You increase your $80k loan to $100,000 and pay her back.if done properly you have borrowed 100% and the loan is still deductible with her getting her money back.
Less messy if you separate as you only have to give her money back and not worry about transferring title.
See a lawyer.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes there will be tax issues, a few in fact, if you borrow money and deposit that money into the offset account. Don’t do it without tax advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Stamp duty will be at market value regardless so will CGT. There are various legal issues with paying undermarket value so it may be worthwhile paying market value and for them to make a gift back to you if they choose. This will have many advantages if you were to later rent the property out.
If you do choose to pay a value before market most banks should be able to lend to you based on the valuation rather than the purchase price as this is a favourable sale between family members. This may save you LMI
Seek legal advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Ok thanks, could you please explain the 5 yrs rule to me? As people have said hang on to the unit/s for 5 years…
Thanks :)Basically a property is considered ‘new’ for 5 years and GST is chargeable on the first sale of new property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No its not deductible at all as it is a capital expense (can be used to reduce CGT).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks terry, those are defiantly the questions I don’t know the answers or pros & cons on.
Would you give your opinion on those 3 things?
Borrowing capacity (in my mind this is well increased because 4 people are able to service it.
Joint liability (also in my mind this is a good thing, things turn pear shaped for 1 individual there’s still 3 to carry the load)
Land tax (something I know nothing about, would have thought it would be no different as to 1 person buying)
Speaking to my accountant was vague, hence why I’m looking for another one. But as far as options go, a simple company sounded far easier than going with a trust structure.Serviceability will be increased for the 4 people as a group, but if one of the persons wants to buy something on their own separately then they will be assessed on 1/4 of the rent, but on the full debt. THis will hurt their serviceability.
Also all 4 going separate may result in a similar borrowing capacity overall compared to 4 together, although it may be slightly less.
Another way is to buy separately early on with 4 coming together later once the individuals cannot buy.
Joint liability is not good because of the above, but also more importantly because one person can drag the rest down. As a lawyer I sometimes have seen one joint owner do a runner leaving the others to take the load. Once spouse and his wife purchased a house together as an investment with the value dropping. He disappeared leaving her to keep paying or default. This was made worse by her parents guaranteeing the loan.
Land tax varies from state to state, but generally one group of owners will be assessed as one person and therefore get one threshold (In NSW anyway). I just spoke to a NSW client with 4 investment properties jointly owned. If he split up the last 2 which hadn’t settled yet he and wife will save around $7000 per year – which is a huge sum.
A trust or a company (or several) may work out better.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes, many of them will.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you were a resident of Australia you may have committed an offence by not declaring your UK income. Maybe you mean your Australian income was less than the taxable threshold?
I don’t know if you need to declare the loss or not but wouldn’t it be good to have loss which could be carried forward to offset future gains?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au