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

    It probably depends on where and what you are buying.

    If you were buying cheap little properties in country areas, these may have not had any growth for many years. Then suddenly investors start buying in there for yields. This pushes up the price but rents hardly increase. This probably is the time to exit this market. it would be no good hanging on to these if there could be long terms with no CG potential.

    If you are buying quality properties in good growth areas, then I agree that it is not a good idea to sell – generally.

    Terryw
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    Profile photo of TerrywTerryw
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    I have heard that these fees would not be claimable up front, but would form a part of the capital base (and only be deductible against CGT if the property is sold).

    Terryw
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    Profile photo of TerrywTerryw
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    @terryw
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    No. Not against personal income, just against other income the trust makes. Losses cannot be distributed.

    If you had a hybrid discretionary trust, the unit holder could borrow the money and claim the interest against their personal income. In effect this allows negative gearing with a trust.

    Terryw
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    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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    Sounds fine to me. You will be actually purchasing in the name of the trustee as trustee for the trust. The trust name doesn’t appear in title.

    Terryw
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    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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    What’s wrong with you Rob? Do you just like to argue?

    I will put up an example tomorrow. Don’t dismiss it just yet.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    Thank you Rob.

    Terryw
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    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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    Have a look at the book by the Reno Kings. There is a chapter in there about people who specialise in this area.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    Hi Rob

    Maybe I haven’t explained it properly.

    Neither Navra nor the IC advocate buying property when you cannot afford to. They merely advocate getting yourself into a position, while you are working, of purchasing good quality high growth property. During years of growth, part of this growth can be borrowed to live on or to supplement living. Of course interest will accrue, and this would generally not be deductible (but could be with planning). However there would be no tax payable on borrowed funds.

    By borrowing against a property instead of selling to access the funds, you can also save costs and still have access to future growth.

    Have a look at their websites for some more information, and you may be pleasantly surprised.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No, Please don’t go though it all again!

    I would just be very careful when giving advice to clients about borrowing money and parking it in an offset account. Especially in writing on company letter head.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Rob

    I have found the article by Julia Hartman regarding the loss of deductiblity of interest if borrowed funds are placed into a savings account. Please have a look at:
    https://www.propertyinvesting.com/forum/topic/13853.html?SearchTerms=domjan

    and
    Domjan>> and Commissioner of Taxation [2004] AATA 815 (5 August 2004), at:
    http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/aat/2004/815.html?query=%22domjan%22

    Terryw
    Discover Home Loans
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    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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    The Hart’s case is not about capitalising interest in general. It was about a scheme entered into with the dominant purpose of generating tax deductions.
    The appeal is at:
    http://law.ato.gov.au/atolaw/view.htm?basic=+harts%20v%20+compound&&docid=JUD/50ATR369/00001

    Paragraph, 33 “The fact that the taxpayer had even a dominant purpose of obtaining a tax benefit would not, in my mind, preclude a deduction, so long as the combined test was satisfied. On the other hand, a finding that there was no other purpose of incurring a loss or outgoing than obtaining a tax deduction would.”

    So, if there were purposes for capitalising interest other than for increasing tax deductions, it would probably be acceptible. Other reasons may include cashflow. I am sure that there would be many others.

    Terryw
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    Profile photo of TerrywTerryw
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    Thanks Rob

    Terryw
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    Profile photo of TerrywTerryw
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    If there is not growth, then you do not borrow any money to live on. You only can increase your loans at a portion of the growth. you would also only do this strategy with high growth property.

    If your properties are continuously growing, then you will have equity. If you have enough equity, you can always get loans.

    Steve Navra is another who advocates living off equity. His strategy is slightly different to the investors club. There are a few articles on his website http://www.navra.com.au

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Originally posted by Nehal:

    hey everyone,
    i’d like to discuss about how I could get loan at the age of 18 if i have a temporaray job?

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I have to agree, with everybody, the information is out there if you want to look – for free.

    But, if you buy a pack which helps you make many thousands of $$$ then it may be worth it.

    I wonder how many people who buy these packs actually go out and use them.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, watch out. Sometimes documents come out with incorrect addresses etc, and need to be done again. This could cost you $10,000.

    Theoretically it would be possible, but things sometimes drag out a bit.

    Terryw
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    Profile photo of TerrywTerryw
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    I am not sure this would be correct. I think anyone can advise on property even without qualifications.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You could borrow more fairly easily if you want to.

    for example getting a 65% No doc loan on your main house would give you $155,000 extra. you could then use this as deposits and borrow more. This should enable you to borrow for another house at approx $380,000 price range.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I beleive it is a sound practice if done properly.

    One idea promoted by the investors club is to buy seven properties, one per year for seven years. In year 8, the first proeprty would be worth approximately double what you paid for it.

    You then take some funds out of this by increasing the loan. The funds can be used to live on or to supplement income. Some of the funds can also be used to be the extra interest incurred.

    In year 9, you then access the funds in property 2.
    In year 10, property 3, and so on….

    at the end of the cycle, you go back to property one, and it has doubled again so you can take out more funds.

    Sounds good in theory, and it can work in practice if you are only taking a small amount of any growth. Having at least 7 properties will help in this regard.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Didn’t you already ask this question????

    Trusts will help protect you from outside attacks. If borrowing money, personal guarrantees will be required.

    Terryw
    Discover Home Loans
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    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

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