I don't want to give you legal advice as I know nothing about easements. Run it by your solicitor.With regards to 3 the developer would just be a company which will cease to exist once this project is completed. So this is unlikely to be effective even if they agree.

You could probably try for some form of compensation. But legals could be costly if it goes to court.

It could be tresspassing.Was there an easement recorded?What did your solicitor say?

There is nothing illegal about working on the property before settlement, but this carries a bit of risk as if the property doesn't settle then you may have wasted your time and money.Subject to finance clauses are pretty rare in NSW. Usually people just extend the cooling off period to 10 days so they can get finance organsed. You could do it…[Read more]

Mr T.What do you mean by point 2?

If you ha used a IO loan with 100% offset you could have saved the same interest but had your cash available for the new purchase. This would mean the old loan would have a high balance so more deductions.You could sell to each other, but would have to sell a half share to one and then the one coul sell a half share to the other. If the property…[Read more]

It all depends….You could probably get around it. But you should seek advice before signing contracts.

If you are developing then CGT will generally not apply and therefore no 50% discount.But if it did apply the time period is calculated from the dates of contracts.

You would proportion the cost base based on land size I think.eg. you would need to value the land when split – value each portion and this would be the cost base for the land when you were to sell.Also, be aware that CGT may not apply if you are constructing to sell. It could be just income tax. This may also differ between the blocks.It is a…[Read more]

Land tax could be exempt:http://www.austlii.edu.au/au/legis/vic/consol_act/lta200590/s54.html54. Principal place of residence exemption (1) Subject to this Division, the following land is exempt land- (a) land owned by a natural person that is used and occupied as the principal place of residence of that person; (ab) land owned…[Read more]

ideally you should be getting advice before you enter into transactions.If you have a company then you may not need a trustee as there is a clear separation of the legal owner from yourself. Just make sure the company does nothing other than act as trustee.Any remuneration would have to be at market rates. But if the trust has only one property…[Read more]

hi QFor stronger asset protection you would have to plan how you set things up. There are ways a trust can be attacked. Gifts to a trust can be clawed back for example. A trustee acting for the trust without remuneration could also be attacked under the bankruptcy act. as can uncommercial transactions designed to defeat creditors.If you are the…[Read more]

Properties owned by a trust do not get the main residence CGT exemption. You probably won't get the land tax exemption either. What state is it it?Does the trust deed allow a beneficiary to live in the property without paying rent? if not then you may find you will have to pay rent to your trust with there being a taxable profit which would need…[Read more]

Ideally if you could move into initially you could then move out and claim it as your main residence and maintain it CGT exempt under the absence from main residence rules. But you cannot claim it as a main residence until you actually live in it first.Once it is rented you could claim all expenses associated with the property including interest,…[Read more]

You need to carefully plan names on title as this will largely determine who will be taxed.It will also generally determine who is able to apply for finance – although it may be possible to add people as guarantors in some circumstances.

You could do it that way But you need to consider splitting the tax and finance as well.

You should be able to get the bank to process the FHOG for you so that it is available at settlement.If you don't move into your property straight away it will be subject to CGT. You will get a partial exemption based on the non-main residence days/ days owned x CG or CL. eg. If you sell within 12 months then half of the gain would be assessed.if…[Read more]

Those rates are a tad high for a overall loan size of $500k+. Have you spoken with a broker to see what they could do, if anything?

Cross collateralising is when you use 2 security properties for 1 loan.eg. PPOR and IP used to secure the 100% borrowings on the IP.The better way to proceed is to set up a second loan in the PPOR and then use this cash to fund the deposit on the IP.

1. No2. No. Use an offset account – preferrably on your new PPOR if you were going to get one.3. Quantity surveyor.