PropertyInvesting.com | Anthony K | Activity https://www.propertyinvesting.com/members/anthony-k/activity/ Activity feed for Anthony K. Mon, 13 Apr 2026 16:37:24 +0000 https://buddypress.org/?v=2.8.1 en-US 30 hourly 2 1a43b7838ded26704cf342279cacc9c1 Anthony K replied to the topic Super and Death in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4990804-super-and-death/#post-4991701 Thu, 12 Jun 2014 17:54:53 +0000 Sorry Terry but you are in error, no individual can be a sole trustee since 1999 when the SLAA Act No 3 was itroduced.
If the trustees are persons there must be a minimum of two.
You have highlighted the problems of non corporate trustees – do not use personal trustees for a SMSF – EVER.
In the case you mention had the trustee been a company it…[Read more]

]]> 647107e64097d26fc868207b795b21ed Anthony K replied to the topic Buying using a Trust Structure in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4990817-buying-using-a-trust-structure/#post-4991700 Thu, 12 Jun 2014 17:39:17 +0000 Hey Brizza
Do not buy any property in your own name unles you want to leave it unprotected from crditors and lawyers who want to screw you over. The other reason is if you buy in your own name you can NEVER transfer it into your SMSF because its poisoned.
Trusts are can be pretty simple thats why the Smart Money uses them they ar also cheap from…[Read more]

]]> 1fd130eaaeacd06017ad2b09476b4d27 Anthony K replied to the topic Should I use a Trust or a Company? in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4991299-should-i-use-a-trust-or-a-company/#post-4991699 Thu, 12 Jun 2014 17:29:37 +0000 Hi Benny
Do not use either: a company can be OK but only if you buy land/property as trading stock, develop and sell (not hold) and want to pay a flat 30% tax from the first dollar but this is only the PRIMARY TAX, there are more tax nasties coming later.
The best vehicle now IF you are a resident is a SMSF
The amateurs’ will tell you, you c…[Read more]

]]> 708afee89c3ad6c56479123a5572b523 Anthony K replied to the topic Converting PPOR to IP - Tax deductions in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4991665-converting-ppor-to-ip-tax-deductions/#post-4991698 Thu, 12 Jun 2014 17:18:48 +0000 Hi All
This is a mixture.
Repairs and renos are deductible particularly if documenmted as “expenses incurred for preparation of the property for rental purposes”
Painting the interior of the house OK as above
Installing two split system aircons NO this is an iprovement and is added to CGT cost based and depreciated over time you need a…[Read more]

]]> 5c2f3adca5079584bec8fd2a829a6ff9 Anthony K replied to the topic Company to SMSF in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4991439-company-to-smsf/#post-4991697 Thu, 12 Jun 2014 17:11:17 +0000 Hi All
Redwood and Richard are correct,
Q: The issues are 1. who would buy property in a compsny?
A: A dumb person because you lose the 50% CGT discount available to individuls, partnerships and trusts (inxl SMSF at 33%)
Rule 1 NEVER buy any growth asset in a company.
Next Q
2. is the property commercial or used in a business carried on by a SMSF…[Read more]

]]> 03097a51987df850a3b885eb0033c645 Anthony K replied to the topic Land tax & trusts in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4408262-land-tax-trusts/#post-4682401 Wed, 19 Jun 2013 18:02:11 +0000 Hi Waz and All
Re: Unit Trusts and Land Tax
If you have the correct documents you can gain the land tax Threshold in NSW and in other states as they all have similar rules.
It is based on facts not opinions as the recent case below illustrates. Remember also that land tax paid under state law is a deuctible expense unedr federal law so it gets…[Read more]

]]> 73c0b6d798691cfaae61a8defdbcf75c Anthony K replied to the topic Startup Business - TAX and LEGAL QUERY in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4409373-startup-business-tax-and-legal-query/#post-4690865 Thu, 23 May 2013 09:09:35 +0000 Hi MkBonline
You need to understand the definition of a "Common Law Employee" and make sure that you DONT have one of those and have a written binding contract which is for a “desired outcome” and which includes several other important provisions.
Then you can make a move, – and don't let the lawyers fool you and say Its Too Hard and expensive -…[Read more]

]]> fe20aaf89ee84954bb26275d11e61452 Anthony K replied to the topic Making my PPOR my investment property and my investment property my PPOR- tax & structuring in the forum Finance https://www.propertyinvesting.com/topic/4409392-making-my-ppor-my-investment-property-and-my-investment-property-my-ppor-tax-structuring/#post-4690978 Thu, 23 May 2013 01:38:27 +0000 Hi Peanut/Catalyst and All

Do not listen to the ATO BS
The last case on this was in 1987 which the ATO LOST !!!!!

Go read Janmor Nominees – this case is still THE LAW.
FEDERAL COURT OF AUSTRALIA
Re: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
And: JANMOR NOMINEES PTY. LTD. (AS TRUSTEE OF THE J. REDMAN FAMILY TRUST)
Nos. VG386 and…[Read more]

]]> e6f4458e992ad2950e027df26dd60285 Anthony K replied to the topic maximum borrowing structure in the forum Hi Bennyhub https://www.propertyinvesting.com/topic/4409226-maximum-borrowing-structure/#post-4690067 Fri, 26 Apr 2013 07:00:11 +0000 Hi Bennyhub
Do not ever – never put you properties into a company unless you are a developer and you buy land as trading stock for improvement and resale.
You immediately lose the 50% CGT discount.
You should use your company as a trustee for a Fixed Unit Trust and also retain the ability to legally move your property to a SMSF later.
If you are…[Read more]

]]> cd7cb6b7bbb9e93d8bd5a229eea3ad7e Anthony K replied to the topic Advice needed on First PPOR to investment in the forum Hi Chris11 and All, https://www.propertyinvesting.com/topic/4409004-advice-needed-on-first-ppor-to-investment/#post-4688598 Wed, 20 Mar 2013 21:44:07 +0000 Hi Chris11 and All,
This demonstrates what we should all know.
It's paramount to PLAN CAREFULLY before you make a decision and/or sign anything.
I NSW and QLD my understanding is the duty liability arises at the date the contract is signed, not the date of settlement.
Have a look at QLD Duty Ruling DA016.1.1 which supports this view.
Another…[Read more]

]]> 0cd071c9d7e679002e996c8dde271754 Anthony K replied to the topic Refferral required for a professional that can help set up a Trust for Property Investing in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4408931-refferral-required-for-a-professional-that-can-help-set-up-a-trust-for-property-investing/#post-4688133 Fri, 15 Mar 2013 00:48:42 +0000 Hi Darryl, Terry and All
No, it is not against the law to provide legal advice.
It is only illegal to charge a fee for doing so.
Anyone can give as much free advice as they choose. The legal profession act in NSW and other states only proscribes a non legal person charging a fee,
This is because lawyers are all mostly about money, and what they…[Read more]

]]> 69804ad8cbeaee2f91e81d102e3ca757 Anthony K replied to the topic Refferral required for a professional that can help set up a Trust for Property Investing in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4408931-refferral-required-for-a-professional-that-can-help-set-up-a-trust-for-property-investing/#post-4688130 Wed, 13 Mar 2013 23:56:30 +0000 Hi Terry & All

Terry I did not mention SMSF at all unless you can point it out for me?

We have been establishing trusts of all kinds since 1978 including some we have designed ourselves such as our Fintel Group Pty. Ltd. TEBL Trust™ in 2004 and a joint SMSF-Unit Trust in a single document in 1995. Our TEBL Trust™ can produce after tax profit…[Read more]

]]> 55694b41866fd1524841a158fcbdea8b Anthony K replied to the topic SMSF property purchase in the forum General Property https://www.propertyinvesting.com/topic/4408823-smsf-property-purchase/#post-4687244 Tue, 12 Mar 2013 22:15:31 +0000 Anthony K
Hi ystress and All
I agree setting up more than one fund is more expensive, I prefer this idea.
Use a single SMSF and bare Trust and have two separate loans.
This means that you only need two companies, a SPTC and a standard co. for the holding trust.
Asic fees on setup $433.00 each, and on Annual Review $43.00 + $230.
Now you are all…[Read more]

]]> bc4d4448214242f5cd4fba5c97b209ec Anthony K replied to the topic Refferral required for a professional that can help set up a Trust for Property Investing in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4408931-refferral-required-for-a-professional-that-can-help-set-up-a-trust-for-property-investing/#post-4688125 Sun, 10 Mar 2013 08:36:51 +0000 Hi All
Yes,
Darryl is right
always go first to a lawyer as they have insurance to protect your position,
They tell you they are experts but they can still get it wrong, and
Not many law firms have experience in depth in SMSF law because 99% only just discovered them.
Ask John Symonds about lawyers, He is having to sue Gadens for $11M,
 because…[Read more]

]]> bb5ed45e695c97a829fba0778818c930 Anthony K replied to the topic 1st meeting with accountant regarding property investing in the forum Help Needed! https://www.propertyinvesting.com/topic/4408922-1st-meeting-with-accountant-regarding-property-investing/#post-4688059 Fri, 08 Mar 2013 21:16:50 +0000 Hi Aiden and All

You have three basic queries,
2 Objective
1 Subjective

The 1st two
1. Don’t buy in own name/s
2. Buy land and build
3. subjective: Positive v Negative
Depends on you financial position to decide which is best for You
A FREE TIP
Your personal exit strategy is predicated on your entry decisions – it’s your only time to do it…[Read more]

]]> 4c8ae4a9f8decf2841b5c348774e90d0 Anthony K replied to the topic Missing $10,000. How to keep track of finances? in the forum Finance https://www.propertyinvesting.com/topic/missing-10000-how-to-keep-track-of-finances/#post-4688099 Fri, 08 Mar 2013 19:55:04 +0000 Regards to All
Anthony K
Hi Lila 77 and All,

I see you are past retirement Lila (77) or your still a young filly?
Congratulations of your investment progress,
Don't know where your $10K has gone Lila but here are some points to note.

1. Don't get all your loan money from one lender, Why?
Because all your assets are tied up and if you get into…[Read more]

]]> d600c5fe7f88f792789d16138808c9be Anthony K replied to the topic Magic Trusts in the forum Forum Frolic https://www.propertyinvesting.com/topic/magic-trusts/#post-4685046 Fri, 08 Mar 2013 19:36:44 +0000 Hi crj and All

You are spot on crj and the ATO will just send an assessment with penalties and the Obeids’ will have to fight them in court and try to prove they do not owe the tax.
They are all up the proverbial S*** creek.
Do you remember Offset Alpine ?
The 3 major players involved were Graham Richardson, Rene Rivkin and Trevor Kennedy who…[Read more]

]]> 5b57d714da0acdb0a7919a628b98cfc1 Anthony K replied to the topic Motel Investment in the forum Commercial Property https://www.propertyinvesting.com/topic/4396914-motel-investment/page/9/#post-4607458 Fri, 08 Mar 2013 00:11:54 +0000 Hi Tony Zorro and All
What a great name you have Tony,

My interest is through property structuring  with heavy emphasis on SMSF involvement and been establishing/advising on them since 1978.
As you know Tony there is a view that leasehold is an inferior product, whether its motels, hotels or Child care many prefer the freehold but that's not my…[Read more]

]]> ff4a6d00dfaf44d5c7650df392f85f7d Anthony K replied to the topic SMSF Investment in development and minimum? in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4408421-smsf-investment-in-development-and-minimum/#post-4683759 Thu, 07 Mar 2013 23:52:20 +0000 Hi All
Just noticed a small typo when I checked  my previous notes on 3/03/2013 reproduced below:.

You would need to study S71 of Sub-division C of SISA, –  In House Assets, and the anti-avoidance provisions in that section, also
SISR 13.3A, SISR 13.22C and D
SISA Sections
S52, S62, S65, S70, S109 and

IT IS HERE
SISA S173, Special Income…[Read more]

]]> dc15dbac60a2fdce3f36a0daa5c59d5e Anthony K replied to the topic SMSF Investment in development and minimum? in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4408421-smsf-investment-in-development-and-minimum/#post-4683758 Sun, 03 Mar 2013 07:32:55 +0000 Hi again All
Sorry I have been away and not contributing. Just busy. here are some ideas and comments for your forum from Anthony K.
Response to Property Investors
Problem = Property Development under SMSF.

Response 1. JHAC with $50K in SMSF – Thinking of Syndicate for the development.
Here are my suggestions and comments.
Suggestion 1. Think…[Read more]

]]> 2788dc64374c4b8b7ae18bac6e6e5c2d Anthony K replied to the topic Positive Cashflow properties for $30,000 Cash in the forum Creative Investing https://www.propertyinvesting.com/topic/4406226-positive-cashflow-properties-for-30000-cash/#post-4666667 Wed, 09 May 2012 04:39:01 +0000 There is nothing new here and you would be close to a MIS – Managed Investment Scheme. Do it twice (20 people) and you are in the sights of ASIC & Corporations Act 2001, S708(1). Get it wrong and you are automatically guilty of a criminal offence and jail beckons.1. Use a trust, why ? it does not pay tax, and it has the 50% CGT discount., and its…[Read more]

]]> 3d6327f9f8684f860d0d2e9ede233e51 Anthony K replied to the topic SYDNEY - FIRST HOME - WHAT TO BUY? in the forum Help Needed! https://www.propertyinvesting.com/topic/4406269-sydney-first-home-what-to-buy/#post-4667081 Mon, 09 Apr 2012 21:40:53 +0000 Hi Jason and All,I think you should make a decision to do both. How can you have a property which is a Home and an Investments Property ?.By using a special structure which can accommodate both positions, and can also include your super balances and forward contributions.The set up fee is around $5,000 plus Gst.$5,000 set up cost is reduced by tax…[Read more]

]]> 01c7a7412cdb36b6178b40127db27736 Anthony K replied to the topic SMSF Structure in the forum Finance https://www.propertyinvesting.com/topic/4405909-smsf-structure/#post-4664089 Sun, 26 Feb 2012 22:27:45 +0000 Hi Paullie & MikeNo, the SMSF Trustee is the boss (it is the only party with money) and negotiates and makes offers the Custodian is the slave and is directed by the SMSF to hold the asset until the debt can be cleared. Before you make any offers you should research your cash flow requirements in the SMSF to ensure that you purchase is financially…[Read more]

]]> c55163c9eb2e1ec81dc71f1b7be969e2 Anthony K replied to the topic SMSF Structure in the forum Finance https://www.propertyinvesting.com/topic/4405909-smsf-structure/#post-4664087 Sun, 26 Feb 2012 18:08:20 +0000 Hello again PaullieThere is an old saying on the "Golden Rule" which is "he who has the gold makes the rule".There is a bit of mystique around this LRBA (Limited Recourse Borrowing Arrangement) but the essential points to understand are these:The SMSF Trustee is the financier in all transactions, and understanding the effect of this is critical…[Read more]

]]> d60289392fe2889065acff9ad69d8e23 Anthony K replied to the topic SMSF Structure in the forum Finance https://www.propertyinvesting.com/topic/4405909-smsf-structure/#post-4664085 Sun, 26 Feb 2012 03:55:05 +0000 Hi Paullie,You have most of it right.The Structure. your SMSF Trustee must have all 4 members as Directors, this is what the SIS Act requires. However it says nothing about shareholders a critical omission as the company and the Directors have to follow the resolutions of the shareholders. This is a very strange anomaly. It would be normal and…[Read more]

]]> 982d0fcb970f28851500248bc770ca6e Anthony K replied to the topic Investing through a SMSF in the forum Creative Investing https://www.propertyinvesting.com/topic/4405549-investing-through-a-smsf/#post-4661540 Tue, 10 Jan 2012 23:37:16 +0000 Hi Rory, Richard & AllUnfortunately there has been some loose talk on this subject.let me please help you all, unless you explain in detail EXACTLY what you propose and HOW you intend it to be implemented you will fail if the ATO later decides to examine the transactions.Example:Richard,  I take issue with you on a planned continual strategy…[Read more]

]]> ca17d9200c90e0aa11f0b5858d02ae8e Anthony K replied to the topic Investing through a SMSF in the forum Creative Investing https://www.propertyinvesting.com/topic/4405549-investing-through-a-smsf/#post-4661536 Mon, 09 Jan 2012 15:38:56 +0000 Hi Rory and AllThanks for the info Rory, so your SMSF puts up $100K and the vendor puts up the balance, Then you share the profit 25% – 75% ?What does the bank do ? its irrelevent if the vendor replaces the bank and the fund has not borrowed unless the title has been changed to the SMSM – Security Trust. ?ORYour SMSF has $100K deposit and the…[Read more]

]]> a5f424ac1f01ccce94de6178a30e4791 Anthony K replied to the topic Investing through a SMSF in the forum Creative Investing https://www.propertyinvesting.com/topic/4405549-investing-through-a-smsf/#post-4661534 Sun, 08 Jan 2012 09:44:51 +0000 Hi Rory and AllI have been establishing SMSF's and planning asset acquisitions mainly in real estate since the late 1970's but this description by you Rory has me baffled. You have  $100K in capital which takes up a 25% interest in a property. Who supplies the other 75% – $300K ?. How does the SMSF gain a 40% return but only provide 25% of the…[Read more]

]]> 60f60a4f7faad94fb5de1be1638efd01 Anthony K replied to the topic Transfer assets from trust to SMSF in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4405197-transfer-assets-from-trust-to-smsf/#post-4658912 Thu, 17 Nov 2011 00:43:24 +0000 TerryTry reading SMSF Ruling  SMSFR 2009/1 its all about BRP, you may be surprised at what it includes.However I cant see the point in putting a lease expense in a SMSF and it will probly breach S65 anyhow.Another issue is that the above ruling states that property laws state that any appurtenances which are attached become part of the land…[Read more]

]]> 4111e1da4cfc2c92cf96428c1614a2ae Anthony K replied to the topic Transfer assets from trust to SMSF in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4405197-transfer-assets-from-trust-to-smsf/#post-4658910 Wed, 16 Nov 2011 23:16:42 +0000 Hi Terry & AllYou mean S66 (3) ?Well I see this as a permitted act, as it does not result in a breach for the reasons stated before. If the ATO want to augue that a breach has been committed because of S65(3) then you have  an "arguable case" in response and an AAT defence. This is one of the problems where the Regulator also collects the taxes…[Read more]

]]> 2eda36d2415399436d7baf2fe1025528 Anthony K replied to the topic Transfer assets from trust to SMSF in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4405197-transfer-assets-from-trust-to-smsf/#post-4658908 Wed, 16 Nov 2011 22:42:23 +0000 Hi Terry, Brett and AllThis is possible but first correct your terminology.There must be no "transfers" or "selling".The correct terms are "issue" and "redemption" of units.S 66 prohibits the "intentional acquisition" of assets by a SMSF Trustee from a member or related party.Business Real property and some other itemised assets are excluded.So…[Read more]

]]> a0536d4fb933ed51bd1dade99bc18f75 Anthony K replied to the topic Advice needed on structure issues in the forum Help Needed! https://www.propertyinvesting.com/topic/4404910-advice-needed-on-structure-issues/#post-4657059 Sun, 09 Oct 2011 08:29:59 +0000 Hi JacM & AllYes JacM but if the parents can qualify to make super. contributions, they could proceed like this. They  have equity in the properties so they could sell some equity to the kids who can borrow and use parents property as security, It needs to be set up properly on an arms length basis. The kids can deduct the interest and the…[Read more]

]]> c320bd9ffabe5fcbdee5d0d5008582d7 Anthony K replied to the topic Advice needed on structure issues in the forum Help Needed! https://www.propertyinvesting.com/topic/4404910-advice-needed-on-structure-issues/#post-4657057 Sun, 09 Oct 2011 07:02:34 +0000 Hi Swampy & AllNew reduced contribution limit for 2011/12 tax year is now $25,000 for concessional (deductible) and $150,000 for non-conceesional(non deductible). The government has announced changes that, if passed by parliament, will permanently increase the concessional contributions cap to $50,000 for individuals who have total super…[Read more]

]]> ad71a0a2a4aaaf67267c2b6542417925 Anthony K replied to the topic Advice needed on structure issues in the forum Help Needed! https://www.propertyinvesting.com/topic/4404910-advice-needed-on-structure-issues/#post-4657054 Sun, 09 Oct 2011 00:48:42 +0000 Hi JakM and AllSorry JacM cant do: if the properties are: not commercial (Business Real Properrty) and title is in names of (parents) individuals, its prohibited by S66 of SISA.The properties must qualify as Business real property to be transferable, there is a useful ATO Ruling issued in 2009 on this subject. Self Managed Superannuation Funds…[Read more]

]]> 85ae337a323b0a567cae188185f50a05 Anthony K replied to the topic Advice needed on structure issues in the forum Help Needed! https://www.propertyinvesting.com/topic/4404910-advice-needed-on-structure-issues/#post-4657052 Sat, 08 Oct 2011 22:43:07 +0000 Hi Johnosbourne & AllWe all know that life has 2 penalties when you invest,If your venture fails you can be bankrupt,If it succeeds you pay tax, I think this is a better option, but pay the minium legally due.A much cleverer guy than me said  "Life is a cruel choice between work and daytine TV". so life is all about choice:at least your parents…[Read more]

]]> 0c81f163ca06a3f73a2e7bae8945bed2 Anthony K replied to the topic motel lease purchase in the forum Commercial Property https://www.propertyinvesting.com/topic/4404760-motel-lease-purchase/#post-4656098 Sat, 24 Sep 2011 02:23:18 +0000 Dear Ross and JacquiI attended a seminar in Port Macquarie a few years ago with Russ Dodson, Google him at  http://www.familyfirst.net.au.Russ is a very impressive guy who knows everything about the industry as he has sold many motels and owned and run a number as well.He can put his fingers on any detail in the industry or knows where to get it.Good…[Read more]

]]> 9a605b4e227ab3be912840556c360fff Anthony K replied to the topic Money partners wanted in the forum Creative Investing https://www.propertyinvesting.com/topic/4403205-money-partners-wanted/#post-4644611 Sat, 02 Apr 2011 09:26:30 +0000 Hi Raydenhead and AllJust thought I would throw in my 2 cent's worth.Re: AFS licencing, I had one from 1991 to 2003, very boring occupation no wonder they all like jargon its the only way to make the time palatable. OK Raydenhead, NO you are not setting up a Managed Investment Scheme (MIS) read S708 of the Corporations Act 2001.To fit into an MIS…[Read more]

]]> bed689d317e7f60bfcc2ea3e86136799 Anthony K replied to the topic Investing Help in the forum Help Needed! https://www.propertyinvesting.com/topic/4399482-investing-help/#post-4621817 Thu, 24 Mar 2011 21:55:59 +0000 Hi Maccacha and AllThis query highlights the way most people investing behave,They take decisions and buy an investment and then try to work out the best way they might have done it !!I have seen this scenario replayed hundreds of times in the last 32 years and am constantly asked for example how to legally minimise a CGT cost when they are ready…[Read more]

]]> ed0f7f91c2aa6796b6aea62f2e79a33f Anthony K replied to the topic Creating a Discretionary Trust in the forum Dear TerryWPlease explain in https://www.propertyinvesting.com/topic/4402927-creating-a-discretionary-trust/page/2/#post-4642953 Tue, 08 Mar 2011 02:37:06 +0000 Dear TerryWPlease explain in simple terms why "this is clearly incorrect".Give a clear explanation and reasons supported by any third party basis.I hav'nt got time for the next wek to go research again, my view is based on what I have done over 30+ years of study.I recognise that I am not infallable.There are a number of elements in tax…[Read more]

]]> 084332909c1f584d3e80a8580fba3660 Anthony K replied to the topic Creating a Discretionary Trust in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402927-creating-a-discretionary-trust/#post-4642951 Tue, 08 Mar 2011 01:29:46 +0000 Hi AllThis is starting to look like Shakespears play – Much Ado About Nothing,Facts:You have traded as a company for "several months", your CGT assets (Goodwill + Business assets less stock is worth what ? Minus establsihment costs etecetara ad commissions on sale ?) This is a business Non Event guys.You could'nt get $ 100 bucks for this shebang…[Read more]

]]> 3a0a83c78779c9e2afb92926b1df0922 Anthony K replied to the topic Creating a Discretionary Trust in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402927-creating-a-discretionary-trust/#post-4642947 Mon, 07 Mar 2011 23:34:14 +0000 Hi SML and AllDefinately no backdating . . .  ever,Unless your are the PM or Treasurer or some other Pollie we cant re-invent the past :-)You must transition your affairs with complete transparency else you may find that it will cost you in the future.I am waiting for RobG to come back as I am interested in his information, butremember when and if…[Read more]

]]> 5dc1ea28dae9386d32a3d613deb7742a Anthony K replied to the topic Creating a Discretionary Trust in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402927-creating-a-discretionary-trust/#post-4642945 Mon, 07 Mar 2011 22:28:03 +0000 Hi Rob and AllThanks for your contrary view, please substantiate ASAP,RegardsAnthony

]]> 12e0ab06859697e66f290eb628abd6a2 Anthony K replied to the topic Creating a Discretionary Trust in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402927-creating-a-discretionary-trust/#post-4642943 Mon, 07 Mar 2011 21:09:33 +0000 Hi SML and AllJust a re-cap on the trading co and new DT.First you appear to have begun trading in the current tax year ? If yes you can change now, BUTFirstit's not good to use an old company on a new trust as it might have attracted some financial dirt along the way a full service company wher you just place an order costs about $650 ($412 for…[Read more]

]]> 0d9195e8866d8332c8d36ea43809095d Anthony K replied to the topic Newbie looking to Invest in the forum Help Needed! https://www.propertyinvesting.com/topic/4402709-newbie-looking-to-invest/#post-4641331 Mon, 14 Feb 2011 00:50:29 +0000 Hi AllThis is a good place to see how others think and highlights how we are all different in how we think.I have a couple of useful thoughts as follows:It's generally held by these forums that debt is good AND bad. Good is deductible interest, bad is non-deductible interest. But in my view any expense is still a cost – "good" debt may cost a bit…[Read more]

]]> 65e120563f777876777b7bdb1550e09a Anthony K replied to the topic Newbie looking to Invest in the forum Help Needed! https://www.propertyinvesting.com/topic/4402709-newbie-looking-to-invest/#post-4641325 Sun, 13 Feb 2011 01:39:17 +0000 Hi AllI hope you all noted the pearl of advice that Derek just gave you,Its the bit about knowing your exit strategy ……… I see so many people trying to solve the problems that arise from divestment after the event. That is they have a big CGT bill and then ask "what should I do ?" when the coirrect question is how could I have planned my…[Read more]

]]> 6223e8791fec25f57b8e123d9d9be6ad Anthony K replied to the topic I have a family trust, Can I use it buy property and rent back to myself for Negative Gear, And how about I pay off the mortgage in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402682-i-have-a-family-trust-can-i-use-it-buy-property-and-rent-back-to-myself-for-negative-gear-and-how-about-i-pay-off-the-mortgage/#post-4641145 Tue, 08 Feb 2011 21:44:53 +0000 Hi Luke, Terry and AllYesThis is one of the strategies we use in our TEBL Trust arrangement.Also please note that some people have been referring to "distributiing" or "transfer" of losses – it's not legal and its a breach of tax regulations.In all cases – persons, companies and trusts, losses (revenue or capital) can only be used by the entity…[Read more]

]]> 1e27c799a43241d729887087dc7cf932 Anthony K replied to the topic I have a family trust, Can I use it buy property and rent back to myself for Negative Gear, And how about I pay off the mortgage in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402682-i-have-a-family-trust-can-i-use-it-buy-property-and-rent-back-to-myself-for-negative-gear-and-how-about-i-pay-off-the-mortgage/#post-4641141 Tue, 08 Feb 2011 19:00:42 +0000 Hi TerryW and AllYou are right Terry however I use a special kind of trust which has compartments that can segregate assets used in a business.This allows the trust to keep real estate apart from the trading activities. We use a specially designed trust and strategies withhigh cash flow businesses like Child Care or hospitality related…[Read more]

]]> 0fb889d1887234054596f71842f09468 Anthony K replied to the topic Newbie looking to Invest in the forum Help Needed! https://www.propertyinvesting.com/topic/4402709-newbie-looking-to-invest/#post-4641318 Tue, 08 Feb 2011 01:00:28 +0000 Hello Gips & AllThe gross return on your own business should exceed 25%,  + some Capital Gain, the return on property at best will gross say 5% – 7%  with little personal exertion if you engage an agent. Just work out your hourly rate of return from both and assess the opportunity cost and risk. Do you feel that you can expand the business by p…[Read more]

]]> bc1cdf2c7874c48af37633931b7c15d3 Anthony K replied to the topic I have a family trust, Can I use it buy property and rent back to myself for Negative Gear, And how about I pay off the mortgage in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402682-i-have-a-family-trust-can-i-use-it-buy-property-and-rent-back-to-myself-for-negative-gear-and-how-about-i-pay-off-the-mortgage/#post-4641137 Tue, 08 Feb 2011 00:35:33 +0000 Hi TerryW and All,Yes the 6 years CGT treatmewnt is correct.Trustee duties can be found in 2 places, in the specific trust deed or any amendments and where that is silent or ambiguous. in the Trustee Act for each State or Territory.There are provisions and rulings in the ATO legal database regarding rent and expenses and related persons or…[Read more]

]]> 781cf63726e760c0ee29ac16ae7c9d77 Anthony K replied to the topic I have a family trust, Can I use it buy property and rent back to myself for Negative Gear, And how about I pay off the mortgage in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4402682-i-have-a-family-trust-can-i-use-it-buy-property-and-rent-back-to-myself-for-negative-gear-and-how-about-i-pay-off-the-mortgage/#post-4641135 Mon, 07 Feb 2011 18:06:31 +0000 Hi poweregg and All,I have been working in this area for over15 years doing planning for investors, mostly business owners,Q1. You can move out of your PPOR for up to 6 years without losing the CGT exemption, and provided you move back in for a while – say six months you can repeat that process without detriment,In you current situation – rent…[Read more]

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