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There are multiple ways you can structure but it can be hard to setup to get the best of both worlds. Also the state that your property is in can have vast differences in land tax liabilities for the structures. Speaking to a lawyer who practices in the state you are buying in and who has a specialty in this area is the way to go.
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You can do 50K, 70 just allows for contingencies. If your sewer line runs through the back yard and the water main under the footpath then that is much cheaper. Now way of getting around the $27k IC though (unless it is an old 2 lots on 1 title block)
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I have done lots personally and also through my practices.
One of mine is moving tomorrow.
It depends on the zoning, overlays etc. It can take days (3 is my best) ,weeks or months to get the DA.
If it is one of the older blocks that is 2 lots on 1 title then you are looking under $900 to split titles. If you need to actually subdivdide then I would allow $70k including infrastructure contributions ($27k), services connections etc.
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Hi Nanny
No conveyancers allowed in QLD. Has to be through a law firm
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It depends on the state because that can have serious land tax issues.
In QLD you would probably use a partnership of discretionary trusts. Your DT in partnership with his. Better for land tax as you get double the threshold and also he controls his and you control use and so can be less messy. I do developments with my brothers and that is the structure I personally use in QLD.
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Looking down on the aerial shot is the site cover, so you could have 2 or 3 levels at 126.5m2 per level.
You could convert the front house into 4 – 6 units by raising it and building underneath (based purely on size , not layout that works) Looks like it has a large side verandah so my guess would be 4 not 6. Can’t demolish infront of the ridgeline so demolition of the rear is proabably an issue.
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An argument was successfully made that the house up the road didn’t contribute to the character of the street. The large unit block would have assisted that. Your house however is in a group of pre-1946 dwellings and would be a much harder argument to make.
It is in the traditional character building overlay of the new city plan and the neighourhood character significance sub-precinct.I would suggest it would be quite difficult to remove if not impossible. Probably a court case and then could be iffy.
By my rough calcs you have a 238m2 per-1946 site coverage at the moment and are allowed a 364.5m2, so only an additional 126.5m2
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No FOI needed
Just do an application search on the streets in your area
http://pdonline.brisbane.qld.gov.au/
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You can get an order from the Court requiring a sale. If it is in QLD feel free to give me a call or PM me and I will give you a quick run down without any costs whatsover. Will also provide non-identifying replies through here for the benefit of others.
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Hi Benny
Could be possible. I have got a number of demolitions through Council or through the Planning and Environment Court on appeal. If you are happy to email me the address [email protected]
I will reply through here (sans identifying information) so that we can discuss the key aspects through the forum.
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There are multiple options and different benefits and drawbacks for different options in different states.
Company by itself can be useful for a development but not for investment (No CGT discount for example)
Land Tax varies greatly for different entities in different states.
If you are negative gearing a discretionary trust is not going to help.
But you could buy 50% in your own name and 50% in a discretionary trust. You could buy in your own name but utilise a layered structure with a discretionary trust for asset protection but actual title held in your name for negative gearing.
If you were in NSW then land tax will kill you on a discretionary trust.
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Hybrid and Unit trusts also don’t necessarily offer you asset protection because the Units issued can be considered an asset.
Has anyone had any experience with the Property Investor Trust?
Cheers
Andrew
Experience no. Have not seen it tested in Court as yet, and would need to before I would advise my clients to use.
In QLD most of the developers that we deal with use discretionary trusts if they are involved with any one outside of their family. Unit trusts are the most common for non related parties, then companies and then own names.
Investors we would have mostly own names, then discretionary trusts. In the conveyancing practice we would settle a couple of discretionary trust purchases a day, and a couple of unit trusts a week. SMSF purchases are actually outnumbering the unit trust purchases at present.
We were using a partitioning structure for development among partners but are awaiting the outcome of a court case (none of my clients) that if it goes one way could be bad for this structure.
We have now developed (in conjunction with a top tax law barrister) an alternative structure utilising a number of bare trusts which allows non related parties some beneficial treatments in development. It is not cheap and requires a private binding ruling but save more in tax then it costs.
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Discretionary trusts have been around since feudal times in England. Hybrid trusts were not.
1. I have lots of discretionary trusts. In QLD each one gets its own land tax threshold.
2. Flexibility is a big thing for me. Property investments are (or should be) a long held illiquid asset. a DT gives you different options every year. 50% CGT discount is not a bad incentive if you are going to sell. Loans with a DT have never been an issue. In my law practice we have multiple DT purchases settle every day, a couple of unit trusts a week and no hybrids. DT’s are not a problem for wills. If you are investing and developing then different DT’s will allow the flexibility to distribute pre-tax income from the development trust to an investment trust that has some losses in it. I am not sure of the time frame for your development, but let’s say 2 years from site identification to the sale of the last unit. Can you be sure that you, your partner, your kid’s, income will be the same over those 2 years. A DT gives you the flexibility to distribute your income (there will be no CGT in development) from the development to the most tax effective people or entities each year.
3. Being a beneficiary of a discretionary trust is not an asset. I like 2nd mortgages and use them in my structures. But that is combined with dt’s. If you have an asset in your name then it is still an asset, if it has grown you may have some equity in it. Even if it has no equity in it your creditors can’t get to it (limited circumstances aside) if it is in your name then it is gone.
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If you are utilising a silent bare trust then that will help deal with taxation issues later on, duty needs a bit more documentation. I would strongly suggest applying for a private binding ruling from the tax office to help your SANF.
If using a unit trust you can always transfer units, again taxation and duty issues may arise (duty varies from state to state)
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Thanks for the kind words guys, much appreciated.
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Sorry Missed this one. Any luck
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I am not our firms Logan expert and he is not answering his phone but:
My understanding was that annexed Units are already limited to 70m2, must not be self contained and must form one household with the primary house. As per fact sheet
http://www.logan.qld.gov.au/__data/assets/pdf_file/0009/275868/Fact-Sheet-Annexed-Unit.pdfWhich specific definition are you talking about?
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Happy to have a look at some sites for you.
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Hi Simon
My understanding is that, as they are taking no chances this time, they have collected an enormous amount of information on the test properties. The folders fill half a room. The legal team putting it together for the Barristers is quite small so they are taking a long time to get through the data and put it into a brief.
regards
Darryl
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In QLD would depend on the council area you are in.
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