All Topics / Help Needed! / Mortgage free investment property

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  • Profile photo of MunzMunz
    Member
    @munz
    Join Date: 2013
    Post Count: 5

    My current home is paid off and I don't want to sell it anytime soon. I am looking at buying another property with bank finance and rent out my mortgage free home. Obviously there is no tax advantage to renting out a mortgage free property. How can I make it a tax advantage instead of a tax debt?

    Profile photo of Jacqui MiddletonJacqui Middleton
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    @jacm
    Join Date: 2009
    Post Count: 2,539

    There is no point renting out your mortgage-free home and borrowing to buy something else for you to live in.  Nomatter which way you do it, you will be paying mortgage interest that is not tax-deductible.

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
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    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    You will find this thread a useful read to explain why

    https://www.propertyinvesting.com/forums/help-needed/4347967

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
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    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of Jamie MooreJamie Moore
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    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi Munz

    Welcome aboard.

    I second what Jac said.

    Depending on the state that the properties in, a spousal transfer or sale to another entity may regear the debt.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
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    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Hi Munz

    There are a couple of ways around depending on how the property is held.

    You could look to sell the property or buy the property from your spouse if it jointly owned or alternatively look to sell the property to a Unit Trust structure if owned solely.

    Regretfully there will be some stamp duty payable but dependant on your marginal Tax rate and how long you intend to keep the property it could be well worth it.

    As i say difficult to comment further without the numbers or knowing your current financial position.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

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

    If the property is in Victoria you may be in luck as 1 spouse can sell to another spouse without stamp duty.

    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 MunzMunz
    Member
    @munz
    Join Date: 2013
    Post Count: 5

    Thank you for your responses. If I only knew this before I purchased this property. I will take this on board for my next purchase as I eventually want to turn my next purchase into an investment property. The property is held in NSW and solely in my name. My spouse is on the lowest marginal tax rate.   

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

    NSW has an exemption from stamp duty when transferring from 1 spouse to both spouse – ie adding a spouse to title. But this only applies if main residence and you intend to keep it as the main residence.

    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 Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069
    Munz wrote:
    Thank you for your responses. If I only knew this before I purchased this property. I will take this on board for my next purchase as I eventually want to turn my next purchase into an investment property. The property is held in NSW and solely in my name. My spouse is on the lowest marginal tax rate.   

    Hi Munz

    At least you won't make the mistake again. Just ensure the next loan is IO with an offset – park all of your spare cash in the offset and don't pay down the principle.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of MunzMunz
    Member
    @munz
    Join Date: 2013
    Post Count: 5

    Thanks Terryw. Does that mean the exemption only applies if I add my spouse and not fully transfer to him?

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213
    Munz wrote:
    Thanks Terryw. Does that mean the exemption only applies if I add my spouse and not fully transfer to him?

    Yes for NSW. And I think there has to be no consideration – which would not help the tax position.

    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 chanakyachanakya
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    @chanakya
    Join Date: 2012
    Post Count: 26

    I am not a master in these but I found this link which might bring some clarity of what can be done in NSW. There is no indication that property cannot be IP..

    http://www.osr.nsw.gov.au/about/services/osrassist/marriage/transfer/liable/

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 992
    Jamie M wrote:

    Hi Munz

    At least you won't make the mistake again. Just ensure the next loan is IO with an offset – park all of your spare cash in the offset and don't pay down the principle.

    Cheers

    Jamie

    Hi Jamie.

    Would you please explain how this works ?

    Cheers

    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
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    selling motels in NSW

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Guys hate to say in this situation the property definitely will be a IP and therefore there is no Tax benefit.

    Other consideration is serviceability irrespective of whose name the property is in.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

    Profile photo of god_of_moneygod_of_money
    Participant
    @god_of_money
    Join Date: 2008
    Post Count: 970

    In NSW, you can transfer the title under marriage/spouse section from single name to both names (50/50) without incurring stamp duty;

    But the purpose of the transfer is for main residence only

    I am not sure about IP.. probably not

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