All Topics / General Property / Advice required on structuring of IP loans
Hi all,
I am seeking any advice which may help us move on with our property portfolio as we have come to a bit of a standstill mostly due to cashflow due to our current property structure. My husband and I both have property which we have seperately bought to the marriage. I have one IP in Kalgoorlie, WA and my husband has 5 IP's in WA plus our PPOR. Our first issue is our structure as we have tended to purchase properties, live in them for a year whilst renovating, then rent out. But we are fully aware that for us to move ahead, having our PPOR with the largest mortgage really affects our cashflow. My husband has 2 IP's which are almost fully paid off and therefore extremely positive geared, which doesn't help with his tax (which we really need as he is in the highest tax bracket with working in the mines income). The reason these two properties are almost paid off is that my husband was thinking each time that they would be his primary residence, but situations change. Tax law doesn't allow us to now re-mortgage these properties, and we don't want to move back into them because we now have kids and won't all fit in these properties. And even if there was a way to transfer the large mortgage from one property to another, there would be no point as we would just be stuck with the same problem when we move out of our current PPOR in a year's time. Surely there are many investors out there in a similar situation? Have you any pearls of wisdom to help us muddle through this?
The second issue is that we have kept all our properties seperate in regards to names on the title, mortgages etc. We have looked at putting both our names on the title of all the properties, but this costs an average of $4000 in stamp duty and solicitors fees per property. In our current situation, it is beneficial to have most of the properties in my husband's name because he is the high income earner and it can offset his tax. I used to be a high income earner but am now a stay at home mum on zilch income. Hence the difficulty when I needed to borrow $30,000 for urgent renovations to my IP in Kalgoorlie. Because I have no income, I could not get a loan variation increase, we don't think we are willing to pay $4000 to put my husband's name on the title and subsequent mortgage so the loan can be approved. He has had to take out a personal loan for the repairs to my property. God only knows how that is going to go at accounting time!? I know that it is important to have the structure correct from the beginning for a successful property portfolio, but we are unsure whether to take a short term approach to this and keep most in husband's name for our current tax situation, or whether we should be taking a more long term view (hopefully I will be returning to a high income in the next few years), and combine all our properties as tenants in common.
I should clarify, I don't have zilch income, just the rent from my IP, but I can't offset this against anything as I don't have any wages. And my husband is (rightfully so) not too happy about paying for renovations to my property which he can't claim against his own tax.
Hi Kym
Yes your situation is one we get asked about on many ocassions from clients and one that there is no simple quick fix.
If you intended to remain in the current PPOR for some years then certainly you could look to sell the uneuncumbered propertiies to a Unit Trust for 100% of the current market value and borrow the full amount. Your husband could own the units an claim the deduction.
Unfortunately you will incur Stamp duty on the Transfer and possible CGT however like anything the numbers need to be worked to see whether it is a viable strategy.
Easiest way going forward is to make each new loan interest only irrespective of whether you reside in the property or not.
Dont remember there is no reason why your husband cant borrow 40K required for renovation on the security of one of his properties and lend it to you at the same rate.
Sounds too me like you might need to think about a complete loan review to make sure you are on the right course going forward.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
The units of the unit trust could later be redeemed by the trustee and the trust could convert into a discretionary trust (must have it set up properly). The trustee could borrow to buy the units back and this interest could be deductible (refinancing principle). This will free up more cash to pay down private debt. Later on the units could then be transferred to a smsf, if property unencumbered, and then from there could could get tax free rent and CGT free sales once you have retired.
A complex area with a host of things to consider.
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 for the advice Richard and Terry. Glad to hear we are not the only ones in this situation. My husband met with his bank's senior financial planner yesterday and she is going to work with us to restructure our loans and we will have regular meetings with her over the next year to help us move forward. Thanks again.
Kym
Bank's fin planner? Sounds interesting!
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 would be the profession that deals with helping to set up the right structure for RE investing? Certainly not someone in a bank?!
Thank you, N*
Your Mortgage Broker on the loan side and your Acccountant for the buying entity.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
A solicitor with a knowledge of taxation could also assist.
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 must be logged in to reply to this topic. If you don't have an account, you can register here.