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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    1. once it is available for rent
    2. depends. You will only be able to claim one of the houses as the main residence and get the exemption. So you would generally reassess things in a few years and see which one has grown the most.

    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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    Post Count: 16,213

    Thats why you need specific advice, because you are only giving part of the story and these things are important. If you had legally borrowed from someone else first you could have set it up in such a way as to maximise tax deductions going forward, but you may have ruined your chances 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

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

    1, no
    2. s118-145 yes, s118-140 only applies if selling
    3. live in one

    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 my husband buys a small apartment and rents it to me then can we tax deduct any loss?

    I answered this above.

    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
    Join Date: 2001
    Post Count: 16,213

    You need tax and legal advice as well as credit advice.

    Using cash to invest has tax issues. can you borrow the lot without using cash?

    If the cash is in the offset account on your main residence then when you withdraw it the interest payable will increase but this interest won’t be deductible.

    Putting your money in someone else’s bank account involves many issues legal advice is needed here.

    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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    I didn’t doubt the story was true. I just doubt the benefit. Not my cup of tea

    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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    by doing what you suggest you are cross collateralising the securities.

    Yes, correct. However, given that I’m working for a bank and not multiple (brokering) I guess it doesn’t matter too much considering the bank will hold both securities anyway. Still some disadvantages but very minor.
    Thanks,JD

    It would be in the lenders best interest to take as much security as possible from the client and to also tie them up making it more difficult to refinance and leave the bank.

    For the client though it would be in their best interest to avoid giving too much security and to being tied 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

    Profile photo of TerrywTerryw
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    @terryw
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    Part IVA of the 1936 ITAA would deny any deductions, but legally you could rent to him.

    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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    There are tax issues.

    There is no issue with gifting money, but if you are not charging rent then you will not be able to claim any deductions on that property at all. If you charge peppercorn rent your deductions would be limited to the amount or rent charged.

    A way around all this may be to gift your friend money and have him pay market rent. Watch out that he doesn’t spend the money and also watch out for bankruptcy issues – seek legal advice.

    But if you don’t claim interest etc now, you will be able to claim against CGT when you sell.

    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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    Debt recycling will be slow. Buying another property to sell at a later date may enable you to pay off the PPOR sooner. And you can do both buy and recycle.

    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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    Best not to use a LOC for the construction, but a standard loan, interest only. With a LOC you run the risk of money going in and out of the loan. The rate will also be higher and it will be at call.

    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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    Yes you could ‘lend’ them the shortfall and you could secure your loan by a second mortgage. They would need permission from their lender to do this as title would change at settlement. It might be easier, for them, if you secured this against their other property – better for you against both of their properties.

    Make sure you seek legal advice.

    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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    Post Count: 16,213

    Thanks TheNewGuy

    I cannot find any records of that unit.

    Most recent sale in the building, from what I can find, is unit 41 for $55k in Oct 15.
    Unit 114 for $44,240 in Sept 15
    Unit 111 for $34,000 in Sept 15.
    Unit 103 for $23,000 in Apr 15.

    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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    Post Count: 16,213

    Pity the link in the first post doesn’t work anymore as if we had the address we could have done an RP data search.

    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
    Join Date: 2001
    Post Count: 16,213

    It can be a good idea, but the interest on the loan will not be deductible because you are not borrowing to purchase the property.

    However the interest could be deductible by starting out with a related party loan and then refinancing this, and/or if you use the borrowed funds for further investments. Speak to your tax agent or tax lawyer first.

    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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    Post Count: 16,213

    Think of the dangers that are out of your control
    death
    family law
    incapacity
    bankruptcy
    running away

    of the other person.

    I had a client approach me where the female invested in a property with a boyfriend. She used her parents house as security for the purchase. After a year or so the boyfriend did a runner. She had to keep paying the loan as if she didn’t her parents house was on the line. The house they bought had dropped in value as well. When an owner disappears the property cannot be sold as they will need to agree to sell it. So an application to the supreme court is needed to appoint a trustee to sell it. This will cost around $40k. But as it has dropped in value the sale price wouldn’t meet the loan amount. So the only way to discharge the mortgage would be to pay the bank cash, or to keep the loan going secured by the parents property. This means the parents couldn’t sell while the loan is going.

    If the property had suddenly increased in value I bet the boyfriend would have resurfaced.

    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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    Post Count: 16,213

    The trustee must exist before it can start the trust relationship.

    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
    Participant
    @terryw
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    Post Count: 16,213

    Sounds like the caused their trust to lend money to a building company. Eddie – the trustee have security for the loan, any personal guarantees? It is highly likely you will lose the lot, if no security, so be careful will spending big on lawyers.

    You can try http://www.certuslegal.com.au/

    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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    Post Count: 16,213

    It might be worth asking the lender for the fee to break the loan? Just to find out and then work out if you think it is worth breaking.

    If you invest the money elsewhere you will be earning money which will then be taxed. Whereas if you deposit it into the home loan you are saving interest which is tax free. If your rate is 5% then you would be earning a tax free 5% which may equal a 9% return invested elsewhere.

    Also when you pay down the loan you can reborrow, setting up a new split, and then invest these borrowed funds. The interest on this loan will be deductible and then you can use the return on investment to pay down the home loan faster

    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
    Join Date: 2001
    Post Count: 16,213

    Do you have a fixed loan?

    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 - 1,281 through 1,300 (of 16,319 total)