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Hi
I am actually suing a person at the moment, in NSW.
Once you have a court judgement against a person, you can do a number of things including:
– Obtaining a writ of execution and sending the sheriff around to seize personal property which can be sold
– Garnish their wages. A certain amount must be left for living expenses, and then the rest can be taken
– Examination summons. They can be ordered into court to give a listing of their assets ans liablities and income etc
– obtain a writ against land, to force the saleIf they still don’t pay up, then the creditor can file a notice of bankruptcy. If they do not comply within 21 days, they can then be bankrupted.
Terryw
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Rob, the Hart’s case was about a specific product and situation. I am not an accountant, and don’t do this myself, but apparently it is still possible to capitalise interest legally.
This could enable people to pay off their home loans quicker, and claim more back in tax. So anyone wanting to do this should probably talk to a few accountant’s about their situation and see if it is possible.
Terryw
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That’s a bit complicated and something you should run by your accountant. Before you do, have a quick read up on the benefits of a discretionary trust – instead of a company.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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ANZ’s is 7.32% normally, but depending on the amount, there are discounts on their package of up to 0.70%.
Macquarie also have one (MEC) at 6.75% for amounts over $300,000.
Terryw
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Thanks Brahms. I did mean the MSE, which can basically be used like a LOC.
There are other low docs available, probably ANZ would be good if you needed a low doc LOC at around 6.82%. But it will not fit everyone.
Rob, what is that Low Doc at 6.76% you are talking about?
Terryw
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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
If you only have a temporary job, maybe you could change to full time just before your loan application. What you do after the loan settles is up to you.
Terryw
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I beleive the CGT will flow through to the beneficiaries. So if it is a person that receives the capital gain, they would receive the discount. Whereas if the gain went to a company, then it would not.
ps. I am not an accountant
Terryw
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Thats a lot of money for a book!
Terryw
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Any money not spent on paying interest on investment loans could then be diverted to the person’s home loan, paying it off sooner.
Terryw
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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
Macquarie MMS – it can be used like a LOC, but is just a term loan.
Terryw
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Do you have to get a loan? That is the slow bit.
Terryw
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It depends what you want to do long term. If you never intend to return to your home, it may be better to sell. Otherwise you will be paying rent with after tax dollars and then be paying tax on the rental income.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Maybe you could use a discretionary trust with both of you as trustee. Both incomes would therefore be used to calculate serviceability. The CG could then be distributed to the person with the loss first.
You also do not mention if these will be investments only or a mixture of both.
Terryw
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Martin
A trustee can be a beneficiary. I am a trustee of my trust and a beneficiary.
Terryw
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On 95% loans, it is roughly 2% of the loan balance. Maybe a bit more if the LMI is added to the loan.
Terryw
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regarding the capitalising of interest on an investment property, then this is not necessarily a no no.
I have heard that one person was paying an investment loan with a LOC (no it doesn’t have to be a LOC!!!). She then only pay the interest on the LOC.
eg. $500,000 loan, monthly interest is $2916. This interest is paid with money drawn from a LOC. ie it is borrowed. In the first month, the interest on the LOC balance (of $2916) will be $204. This is paid for with cash. So you are borrowing money to pay interest, and then paying the interest on this money.
This is one way.
Another way is to simply borrow money from the LOC to pay the interest and to let it capitalise.
There are plenty of businesses that operate this way – on borrowed funds. Running a property portfolio is a business.
If you are using a company or trust it should be easier to do.
BUT I am not an accountant, so please don’t try this at home unless your accountant is happy to proceed.
ps. Any accountants out there willing to comment?
pss. I am not doing this, as my home is paid off, but wish I had found out about it sooner.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Rob
I think I read about that AAT case in a newsletter from Julia of Bantacs – who no longer posts here. The case invloved a copuple in the ACT called Janmor or something similar. I will try to find it.
Terryw
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Rob,
yes i do like LOCs. This was mainly because I used to put all clients to ANZ who do not charge any extra. (but I am getting sick and tired of ANZ lately). Using a term loan instead of a LOC would work fine.
Terryw
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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
When applying for finance, lenders will have often a computerised scoring system. You get a point rating for stability of employment, address, number of enquiries for finance etc. This assessses the probability of you defaulting on the loan etc
Terryw
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[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
The Hart’s case only referred to a specific situation. There are still many people in property and business who capitalise interest legally. If you do this, your tax deductions rise, while you non deductible debts decrease faster, saving money.
My example with the rates was referring to rates on an investment property. Of course, if their loan had a redraw facility they could pay the rates from their home loan with the interest being deductible. It would be ideal if the redraw was free and they had a split loan to keep the accounts separate for tax purposes.
Terryw
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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