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Hi Michael
Good to see you did the course. Could you please give us a brief run down if you have time??
Terryw
Discover Home Loans
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try http://law.ato.gov.au/atolaw/view.htm?locid='PAC/19970038/118-145'#118-145
SECTION 118-145 Absences
118-145(1)
If a *dwelling that was your main residence ceases to be your main residence, you may choose to continue to treat it as your main residence.
118-145(2)
If you use the part of the *dwelling that was your main residence for the *purpose of producing assessable income, the maximum period that you can treat it as your main residence under this section while you use it for that purpose is 6 years. You are entitled to another maximum period of 6 years each time the dwelling again becomes and ceases to be your main residence.
118-145(3)
If you do not use the *dwelling for that purpose, you can treat it as your main residence under this section indefinitely.
118-145(4)
If you make the choice, you cannot treat any other *dwelling as your main residence while you apply this section, except if section 118-140 (about changing main residences) applies.
Example:You live in a house for 3 years. You are posted overseas for 5 years and you rent it out during your absence. On your return you move back into it for 2 years. You are then posted overseas again for 4 years (again renting it out), at the end of which you sell the house.
You have not treated any other dwelling as your main residence during your absences.
You may choose to continue to treat the house as your main residence during both absences because each absence is less than 6 years.
You can make this choice when preparing your income tax return for the income year in which you sold the house.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Try section 118-145 of the Income Tax Assessments Act 1997
Terryw
Discover Home Loans
North Sydney
[email protected]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 renting instead of buying to live in can be a good idea. Renting a place can be around 50% cheaper than paying a mortgage on the same place. And then there are the repairs, rates, insruances etc which you do not have to worry about.
But just make sure you do not waste the money you are saving, otherwise you will be worse off in the long run.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes I think you get to have your cake and eat it too. ie it can be both a rental and still be classed as your PPOR – if you are not claiming another residence as a PPOR.
Check this with your accountant.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Paul hasn’t explained his reasons for wanting to prepay. It could be he has a capital gain this year and he wants to reduce his income to reduce this one off tax. Bringing forward expenses can do this.
Rob, I am not sure of the reasons that prepaying may not work. My accountant explained, but it went over my head.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Just had another brain wave. It may be possible to claim the interest on money borrowed if this was used to pay for expenses related to the vast IP portfolio that you would have if contemplating this strategy. You could then live on your rent money instead of the borrowed money.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
All the ATO is interested in is establishing a market value for your property. There are various ways you can do this, including getting an agent’s opinion, keeping records of comparable sales etc. Having a valuation will only add to your proof. The valuation being for mortgage purposes only should not matter. It is up to how confident you feel you would be during an audit – if you could justify the price.
I asked if you had a copy as most lenders will not actually give you a copy of the valuation.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There are actually a few posts over on the somersoft forum on the topic of living off equity. Steve Navra has made a few replies which I am going to print out and ponder over.:
http://www.somersoft.com/forums/showthread.php?t=14486&highlight=navra+bookhttp://www.somersoft.com/forums/showthread.php?t=19649&highlight=navra+book
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Rob, Your couple want $200,000 per year!! I hope they don’t intend to live too long. If they only took $100,000 they could survive for 20 years (less actually due to interest). But there are other No Doc lenders out there too. Off the top of my head Peppers and La Trobe – yes both have high rates and are less than ideal.
But if the couple had other income, then they may not need $100,000, they could take much less to just supplement their incomes.
I beleive that all stamp duty (except on land transfers) was abolished in Vic. So no loan stamp duty at all. Also no stamp duty on businesses. So you could purchase a property in a company name and transfer the shares to someome without stamp duty – as long as it was under the land rich entity threashold which is about 2 mil.
Terryw
Discover Home Loans
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I just spoke to my tax advisor. He said it would be possible to claim the interest on the LOC if it was used to prepay interest on an investment loan. But there are various rules with regard to claiming of prepaid interest, so you may not gain any benefit if you do it incorrectly.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
SIS, I always thought self managed super funds had a maximum of 4 members.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am not an accountant either, but I have spoken to my tax advisor about something similar. He said there is no requirement to pay cash for anything investment related, including interest, and you can claim interest on money borrowed to pay interest on investments.
This was informal advice off the top of his head, so he may be wrong.
Please speak to someone qualified to answer before doing anything. And let us know the result.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It seems this topic is being debated on two threads at the same time.
https://www.propertyinvesting.com/forum/topic/17535/3.htmlTerryw
Discover Home Loans
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You could also buy warrants, which could allow some gearing.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I hear he has recently been promoting Lease Options and more recently Sandwich Lease options.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Robert
The No Doc loans insured by GE and PMI actually have a maximum exposure level of $500,000 each. This is not much and will be reached quickly. This can be extended with a couple by getting loans in one name only. So a couple could get up to $2mil in No Doc loans fairly easiy – if they had the equity and proper structure.
There are also other No Doc loans and asset lends. Yes the rates are higher.
People also have the option of increasing or obtaining LOCs while they are still working.
So all of this would give a person a good start.
And don’t forget, these people would not be retired. They would usually be classed as self employed. They may even find themselves able to qualify for full docs for a while.
BTW, in another post you asked when stamp duty on mortgages was abolished. Michael was referring to Vic where it was abolished in July last year (I think).
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Robert asks if I am affiated with Steve Navra. No I am not, but I did his course about 4 years ago, and I wish I had implemented his strategies. I have not had anything to do with him or his organisation since.
I really recommend his courses though. He covers shares as well as property, and goes into detail about his various strategies. The courses last for 2 days, but he only charges around $200, which is very reasonable.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi
I have just come across this thread. It is great to see someone actually living off equity.
Rob, you say someone big enough for this should be able to live on their rents. But someone going for a high growth strategy will usually have low yielding properties, so they may have a lot of equity, but the rents would not necessarily be enough to live on.
I agree that compounding interest on the money lived off each year will be freightening, but the compoudning growth on a large asset base should be more than enough to cover this.
I still can’t see a problem with living off equity if done sensibly (ie only taking a portion of each year’s growth).
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
asdf
Are you trying to ask how could you use equity from the investments to buy a home and have the interest deductible?
If so, then you I beleive cannot unless you sell (=stamp duty, CGT etc). If owned jointly wiht a spouse, you could look at possibly buying his/her share and borrowing to do so. The money released could be used to pay for the PPOR and the investment loan would be higher. This may be possible in some states without paying stamp duty, but I am not sure on CGT.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au