Terryw’s Ideal Loan Structure

Discussion in 'Loans & Mortgage Brokers' started by Terry_w, 14th Nov, 2015.

Join Australia's most dynamic and respected property investment community
  1. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    fritzsticker likes this.
  2. starter

    starter Well-Known Member

    Joined:
    5th Sep, 2016
    Posts:
    52
    Location:
    Sydney
    Thank you Terry_w!
     
    Terry_w likes this.
  3. Athikalaka

    Athikalaka Well-Known Member

    Joined:
    1st Jan, 2016
    Posts:
    188
    Location:
    AU
    But loan B is to pay a non investment? ie: using the remaining of loan B for Personal use?
    You'll need to split Loan B (Let's call it B1 and B2) - B1 will be for investment and this is tax deductible.
    B2 is personal use and not deductible at all.

    Edit: had the page sitting there but didn't refresh - terry explained it
     
    Terry_w likes this.
  4. Luca

    Luca Well-Known Member

    Joined:
    28th Jan, 2016
    Posts:
    1,019
    Location:
    Melbourne
    Hi @Terry_w, good post, especially for new starters. If loan B coming from an IP is used to buy a PPOR but the PPOR is turned to an IP after 2/3 years, can the interests be deductible during the IP period? If so considering the interests on OO are usually lower than the ones on Loan B, I guess it is generally speaking better to pay cash the deposit for PPOR instead of living them parked in the offset account (if using Loan B as deposit). Loan B can be used for another IP hence fully deductible.
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    Look at what the funds are used for. The loan relating to a property being live in is not deductible
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    Look at what the funds are used for. The loan relating to a property being live in is not deductible
     
  7. starter

    starter Well-Known Member

    Joined:
    5th Sep, 2016
    Posts:
    52
    Location:
    Sydney
    Hi I have a very similar situation as the example on the original post. Initially the bank created equity release loan B 300k debited and an offset account that has $300k credited. Im about to pay for deposit and other presettlement cost from the offset account, would that cause an issue in tax deductibility?
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    Placing borrowed money in an offset account means it is no longer borrowed money. There is an arugment that it can be traced to the loan but only if the money in the offset is solely borrowed money and not other money.

    All explained in my tax tips 1
     
  9. starter

    starter Well-Known Member

    Joined:
    5th Sep, 2016
    Posts:
    52
    Location:
    Sydney
    Hi Terry, so should I put the offset money back to the loan it self and just redraw to pay for presettlement cost and deposit?

    Thanks,
     
  10. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    That might be a good move, but how would you get it out.

    Seek personalised tax advice
     
  11. Dwest88

    Dwest88 Member

    Joined:
    28th Nov, 2017
    Posts:
    18
    Location:
    QLD
    Hi Terry,

    Thank-you for redirecting me to your tax structuring tips.

    I have a question that wasn't covered by your previous answers.

    I currently have a PPOR and IP which are each secured by 10% Term deposits.
    If I want to restructure my loans to the structure you are describing here.

    Dissolve both of my term deposits to pay down my PPOR to create equity and then split the loan and use that as the security for my IP. Would doing this now rather than the initial purchase period allow me to use your strategy still for tax minimisation. I understand stamp duty etc can no longer be used.
    10% deposit and conveyancing fees ~ 5% of purchase price from Loan B

    Kind regards
     
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    The loan would just have 2 securities. All you have to do is to substitute security. Easy if the value has increased

    Eg. $100,000 purchase price House A
    Loan with ANZ $100,000 secured by House A and a term deposit of $20,000

    Now house is worth $130,000. 80% of $130,000 is $104,000 so the loan of $100,000 can be supported by the property alone. $100,000 secured by property A. Just apply to release the term deposit as security.

    If values haven't grown but you have other property with equity then also pretty easy


    Eg. $100,000 purchase price House A
    Loan with ANZ $100,000 secured by House A and a term deposit of $20,000

    Property B has equity so you set up a separate loan of $20,000.
    You then pay down the $100,000 loan to $80,000. This is a refinance of $20,000 portion of the loan so no change in deductibility. Since ANZ's loan is now less than 80% LVR just apply to remove the term deposit as security.

    Once the term deposit is released you can then use the cash - as you please.
     
  13. Frank M

    Frank M Well-Known Member

    Joined:
    27th Feb, 2018
    Posts:
    175
    Location:
    Melbourne
    Hi @Terry_w you say to pay all expenses on credit card for IP etc council rates, water rates. what are the beifits rather then out of equity offset or savings offset?
    thanks
     
    Sydney_gal16 likes this.
  14. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    Frank, 2 potential benefits
    a) points such as flybuys
    b) potential to refinance the credit card with another loan - see separate tax tip that I wrote on this.
     
  15. Frank M

    Frank M Well-Known Member

    Joined:
    27th Feb, 2018
    Posts:
    175
    Location:
    Melbourne
    thanks terry i will check it out,
    if i do not have a credit card, best to pay with equity offset or savings offset or is there no difference as they are both offsetting loans
     
  16. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    what is an equity offset?
    If you have borrowed money and parked it into an offset account see my tax tip 1

    And, I just thought of a 3rd benefit
    c) keeps cash in your offset longer saving you more interest
     
  17. Frank M

    Frank M Well-Known Member

    Joined:
    27th Feb, 2018
    Posts:
    175
    Location:
    Melbourne
    sorry yes i ment borrowed money parked in an offset
    thanks ill check that out also
     
  18. zaobaowang

    zaobaowang Well-Known Member

    Joined:
    20th Apr, 2017
    Posts:
    47
    Location:
    NSW

    Hi Terry, can you please advise in your example,

    1, Does Loan B/C each have an offset account?
    2, If q1 is no, how monthly interest on loan B/C is repaid? Through Loan A offset?
    3, If q1 is no, how loan C IP's ongoing cost (rates, repair) is paid? Through Loan A offset?
    4, How PPOR ongoing cost is paid? Through Loan A offset?

    5, if in 5 years, there is enough equity in loan C IP and loan A PPOR to be used as deposit for another IP, is it best to use loan C IP to start a loan D against IP? instead of PPOR?
     
  19. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    1. no
    2. yes from the offset account on the non-deductible debt
    3. depends on your tax advice. either from the offset account or borrowed.
    4. yes
    5. I would refinance the deposit loan used for the IP into the main IP loan and then borrow separate for the main residence - security doesn't matter too much.
     
  20. zaobaowang

    zaobaowang Well-Known Member

    Joined:
    20th Apr, 2017
    Posts:
    47
    Location:
    NSW
    Thanks,

    1, Regarding 5, are you saying refinancing Loan C to be Loan C+extra loan, and borrow Loan D against main residence, then use 'extra loan' + 'loan D" as the deposit for the new IP?

    2, Regarding your original example, if the first IP will be held in a trust (the main residence owner will be a corporate trustee), and the IP has potential to be subdivided and developed, does it make the loan structure different? For example, buy the IP with a family member and develop and hold/rent