Forum Replies Created
Hi DNL,
Generally, it is not a good idea to buy property in the name of a company (that is not a trustee coy) as companies do not get the 50% CGT discount.
The answer was that as we would not own the properties 100%, we could not place them in a trust or the commpany.I don’t understand the context for this response… Yes, it is true you don’t own them, but, provided you did it correctly, you will certainly control them which is what I really desire from my structure.
My suggestion would be to seek another paid professional opinion.
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi,
I strongly suggest you seek accounting advice on this matter, but to get the discussion started, and based on the info at the ATO Website
1. You can only have on PPoR at a time. As such, your PPoR for the 2 months you lived in the property would have been the unit. I expect that if you had of sold while you lived there then there would not have been any CGT.
2. If you have had another PPoR since that time then you will now be liable for CGT on the unit from the period that you started your PPoR elsewhere to now.
HOWEVER… (from ATO Website):
In some cases you can choose to have a particular dwelling treated as your main residence even though you cease to use it as such. This choice only needs to be made in the income year that the CGT event happens to the dwelling.If you do not use it to produce income, you can treat the dwelling as your main residence for an unlimited period after you move out of it.
If you do use it to produce income after you move out, the total period of income producing use cannot be more than 6 years for any period you are absent. This can consist of one or more smaller periods of income producing use which total up to 6 years.
3. The tricky part is, and this is where you need an accoutant, how can you mount a reasonably arguable position that the unit remained your PPoR even though you didn’t live there.
This is because there is an exemption from paying CGT on a property that remains your main resience even though you don’t live their AND rent it out (max 6 years).
In the end it will come down to your intention at the time of moving out (i.e. did you plan to really treat it as your main residence).
As you can see, this is a complicated question that requires the skills of a trained and experienced tax accountant. This post is not advice, but rather an attempt to point you in the right direction.
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi,
I’m not a lawyer, but as I understand it (and be sure to verify this), technically, a trust cannot operate in its own name (as it is not a separate legal entity), and as such, it would correct to have the nominee clause as:
<name of trustee(s)> As Trustee for <name of trust>
Be careful with nominee clauses too… generally (in Australia) the entity must have been established prior to the contract being signed. Seek legal advice for more detail.
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi Zen,
Thanks for your post… interesting question.
I’d imagine that the less risky thing to do would be to put in an offer subject to selling your home by XX date for (at least) YY price. The problem with that is that it gives the vendor a reason for saying ‘no’.
If you choose Option 2, then I’d certainly have a Plan B worked out should you not be able to sell your home by the time you have to settle on your new PPoR.
Yes, paying a few months of interest may be acceptable in the short term… but quantify how much this might be and also be aware of longer term consequences too (i.e. such as a drop in price).
Best of luck with it, and Merry Christmas!
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi DNL,
Such a simple post, but you could write a book trying to answer it (and indeed there are books on the ins and outs of commercial property)!
Property (with the possible exception of vacant land) exists to be a home – either for a person (residential) or business (commercial).
Both residential and commerical property markets are established, however the residential market is more regulated with the existence of tenancy laws and regulations to protect the interests of tenants and (to a lesser degree) landlords. In commercial property the rights and obligations are usally enforced in the Magistrates Court.
Another differece is the loan market. The residential property market has many players who are willing to lend on LVRs of 80+%. Commercial property loans usually:
* Are restricted to 70% lends
* Have bigger establishment fees
* Are generally only last for up to 10 years; and
* Attract a higher interest rateBoiling it all down though… assessing the quality of the tenant (i.e. the person for residential or the business for commercial) is needed to determine how regular and reliable your income stream will be.
Anyway, that’s a start… hopefully others will build on the discussion from here (and don’t forget to search the archives too).
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi Shackles Off,
Welcome to the forum and thanks for your post.
This forum offers a variety of opinions, which is good because it will help you consider your options from various angles.
For example, I do not share all of Jo’s general views on property. Historically, and statistically, property markets trend down and sideways for longer periods than they trend up. Having said that, they generally trend up over time, if nothing else becuase of the effect of inflation.
This being the case, investing for the long-term may seem to make money, but I question whether it is the most efficient way to maximise returns. For example, most sophisticated property investors I know generally do have a long-term horizon, however they regularly buy and sell to cash in and reinvest profits (to increase the rate at which their money compounds).
In your case, the help I offer is in an effort to understand the decision before you.
1. Holiday homes are a lifestyle decision. Whether you keep or sell depends on whether you want to maintain that lifestyle.
If you have a holiday home as an ‘investment’ then I think it’s easy to cloud the decision making process as emotion kicks in.
Ultimately, if you want a holiday home and can afford it, then what’s wrong with that? However, if you want a holiday home as an investment, then to evaluate the nature/performance of the asset you need to compare the financial outcome of renting (for the time you are away) vs. owning (i.e. the income and capital gains you are receiving).
The lesson: Be careful not to confuse investing and lifestyle decisions.
2. How much money could you earn elsewhere (also known as the opportunity cost). If holding this property is at the detriment of another investment, then you could be hurting yourself unnecessarily.
This said… what other opportunities do you have at the moment, and how much extra will you make by selling here and buying there?
3. Jo makes a good point about the tax, but in the same token, I don’t let the tax impact run my investment, I let my investment run the tax impact.
What this means is: don’t be afraid to take profits (or cut losses) if it is in your best interests to do so. That is, the tax consequences reflect your investment decision, not the other way around.
4. MA raises a good point too that not all properties will earn capital gains in all markets. What’s needed is a solid and workable plan for how you plan to make and take your profit.
Hope this has helped clarify the decision before you.
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi,
Just to emphasise some of the points made so far…
When it comes to including ‘subject to’ clauses the art is to use words that allow you to exit the contract (if you so decide), but at the same time do not seem so vague as to make your offer seem ridiculous.
I’d suggest purchasers be very careful with the phrases used, especially loose wording that can trip you up.
For example, once Dave and I included words “subject to the completion of a satisfactory building inspection.” When this came back not to our liking we sought to exit the contract, but the vendor’s solicitor demanded a copy of the condition report and made out like we could not exit if the condition report met what a reasonable person might think as normal wear and tear.
Whatever the merit of the argument, from then on we changed ther terminology to be:
“Subject to a building inspection within XX days, the outcome of which must be to the sole satisfaction of the purchaser.”
Regards,
Steve McKnight
Note: If you want more information on the way I structure my offers then Buyer Beware is a resource you might like to acquire.
Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi,
Just to quickly answer a couple of questions:
1. John and Rondah sourced their first lot of finance to purchase real estate through a money partner… 20% through them and 80% through mainstream lending. The money partner was, in this case, a family member.
2. In respect to gross vs. net figures, I accept the argument and potential weakness in the quality of the data reported. In my mind, I thought it better to re-produce figures based on what was known (i.e. current rents) rather than building in assumptions about budgeted net figures.
For the sake of the argument, time permitting, I’ll go back and draft up some budgeted net figures and repost them in this thread next week. I’ll need to make some quite big assumptions, but it will be interesting to see how it works out.
Note: ‘$1,000,000 in Property in One Year’ does clearly outline what all the map financials mean. See page 218.
3. Yep, I probably am that nerdy… but I’m happily that way so. [8D]
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi,
I agree that it is difficult conceptually to understand (e.g. your comments about yield and residential property).
In the end, the rules you need to remember are:
1. Increasing annual income; and
2. Decreasing rent return %are the drivers to increase purchase price.
The maths etc. justifies this is the case.
One last point – you need to appreciate that ALL property is sold on a yield basis (even if it is not advertised or perceived, and even if home owners don’t really care), as yield is the measure of affordability and the acceptable price at which the market buys.
Keep working through it.
Bye,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi Lukebe2,
Thanks for your post and welcome to the forums.
1. How is there asset protection in a trust?It’s a little complicated to explain in one or two sentences, but such a structure allows you to control the asset (and the income from the asset) without actually having to own it in your own name.
As such, if you get sued as an individual, the asset cannot usually be taken as you don’t own it.
2. If yes, is there any reason to incorporate a company since it’s expense and complex?The idea behind having a corporate trustee is to minimise the liability of the trustee (i.e. it has no assets other than a small amount of cash on hand).
This is not necessarily an absolute must, but it does ‘bed down’ the idea of complete asset protection.
3. I can apply for the first home owners grant so thinking about buying individually and then every other property under the trust. Any problems with this or would this be bad?Hmmm – the FHOG only applies to property you intend living in as your home. In many cases the perceived benefit of FHOG is swallowed up but other aspects in the deal.
Ultimately, you need to crunch the numbers and weigh up lifestyle and personal decisions. As a general rule, I don’t let tax decisions run the investment, I run the investment for profit while also trying to pay the lowest tax legally possible.
4. Some info says Trust are expensive, yet I see them for sale for approx $250 (I find this cheap). Are there any hidden expense I haven’t found yet?You should expect to pay about $2,000 for a coy/tust set up, and then $1,000ish per annum to cover compliance and accounting fees. It’s not cheap, so be sure to weigh up the cost:benefit.
Have a very merry Christmas,
Bye,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Rob,
So, what we have here is a product designed to be tax-effective by maximising deductible debt (IP) vs. non-deductibe debt (PPR).
It seems such a scheme that compels a finance combo-deal in the way you mentioned is considered tax evasion.
Thanks for your comments. Do you know if such products were previously common? I’d not come across such a beast at the major lenders…
Bye,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi Rob,
I sense you touch on an obscure yet important point. Can you please expand or perhaps add some links where those interested could find more info?
BTW, welcome back. I look forward to reading and learing from your posts.
Bye,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi BrownBear,
There’s not a lot more I can add that I didn’t cover at the seminar, except to reinforce some of the key points.
First, in order to profit from the property market it is essential that you understand how it works.
In the recent boom, skill wasn’t necessarily needed as all real estate investments appreciated in value on the back of very strong demand. However, it is not reasonable to expect this in the short to medium turn given current market conditions and weak market sentiment.
In short, those that know how the market works can use this knowledge to form an investing position prior to the rest, and this first-mover advantage can be very valuable.
Second, once you understand the market, it’s critical to also appreciate that not all property profits are equal. Those that rely on unrealised gains derived from a long-term investing position ride the market trend, which includes periods of stagnation and decline. Such people don;t find opportunity, the stumble upon it through the sheer weight of time.
Louise Bedford once told me a saying that I feel is very true… namely that even a broken clock tells the correct time twice a day. This being the case, if you stay in the market long enough then eventually you must make money… but whether you have made money overall, or whether you have maximised your opportunities is a different matter.
I’m an advocate of matching the right strategy with the right time/market. Growth for growth and decline for decline. In this way I try to attract the right type of profit for my investing position.
This talk of profit led to the discussion about the ‘new’ 11 sec solution. Unlike the old one, this is more difficult to apply and understand because it pulls apart the gross profit ratio and presents it in a way that allows you to see the variables that influence profit via impact on purchase price.
Doing this allows you to begin using strategies that ‘makes’ a profit, rather than trying to ‘find’ a deal and relying on the existing circumstances to form the basis of your profit.
I’d encourage you to go back and work through the five examples given, taking the time to see how changes in annual rent and rent return % impact profitability.
Profiting from the revised formula requires a familiarity that doesn’t come easily. It may take a few goes until you get that ‘a-ha’, which is why you should stick at it.
If you continue to have trouble then rebook for the next one as it might make more sense the second time around.
Regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi Domo,
Here’s the link:
https://www.propertyinvesting.com/forum/topic/8788.html
Please discuss future matters on that thread.
Thanks,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi,
Thanks for the suggestion!
Maybe I could turn all the FAQs into a third book… think of the royalties [wink4]
Cheers,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi Aussie,
It’s an interesting point you make.
I notice that the last round of REIA stats had the Melbourne median house market falling by around 15%.
However, I regularly look through the local paper and see houses in Ringwood etc. sill priced at $350k+.
Sure, I think we are off the highs, and asking price is not necessarily the price you’ll get, but value shaven’t fallen by as much as I would normally expect to bring them back into the realms of affordability for the first-time buyer.
What do other people think?
Cheers,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi,
Just to add, what I also said was:
Positive cashflow is (and continues to be) the meat and potatoes of the deal. Capital gains was (and is) gravy on top.
The key is to align the way you invest with your expectation of the market. That is, growth assets for growth times, and income assets for income times. Having said that, I’m not at this point feeling like the property market is primed for another huge growth cycle just yet.
However, what is true is that I don’t wait for the opportunity to find me, I find it.
Cheers,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi Aussie,
Thanks for your feedback. I’m delighted that you enjoyed the book, but even more so that you gained a few insights about how to improve your investing.
Warm regards,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Hi George,
Point noted – and it is with great pleasure that I start the gossip train running…
It seems that Barb and her fellow team of bird-doggers have in fact created a resource that is in the post-edit phase.
Stay tuned for more info…
Cheers,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
Yack,
Welcome to the forum. You have just completed a book that was relevant in 1999. The 11 second rule does not work now.I couldn’t disagree more. It’s the application has changed, the theory remains as relevant as ever.
To this day I continue to use and apply the 11 Sec. Solution as a rule of thumb to help understand the relationship between:
* purchase price
* current rent
* liklihood that it will be +ve cashflow on a buy and hold basis.Cheers,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently



