No, this would be a breach of their agreement with the lender.

Also the policies are sometimes in one PDF, but more commonly now days on various pages on the internet (internal site) so are unable to be saved or print out en mass.

There are also some tax and legal reasons not to buy property jointly.

What is there to do with GST? Depeciation is worked out via a quantity surveryor and given to you in a report.

Just use excel to keep track.

You should seek legal advice as trusts are complex legal relationships. you can find free deeds online, but the deed is only half the story. the accountant will only buy a template off a lawyer anyway – but they cannot give advice about how to structure the trustee, who should be the appointor, what happens when someone dies, goes insane or…[Read more]

It may not be a good idea to pay the loans down but instead go IO and store the cash in the offsets. This can allow for quicker retirement.

And to get 3 fully paid off (or fully offset by cash) you might buy 6 and sell 3 as this may get you there quicker than working and paying down the loans. Capital gains are taxed at half the rate of wages and…[Read more]

You need to seek legal advice on this. Speak to a SMSF lawyer

Costs of the land, stamp duty, interest rates etc could all come off the CGs – which may make it a capital loss which may help you save tax at some future date on a capital gain.

Strictly speaking one tenant in common could mortgage their share of the property and the SMSF share be unencumbered and this could meet SIS Act rules. But you wouldn’t find a lender out there willing to lend on this basis.

Another way to do it would be for your friend to borrow against other property.

The deed is only one aspect. It is the advice that is important.

perhaps if the ownership is partitioned, but you would need good legal advice on this.

The property couldn’t be mortgaged.

why not just see a lawyer about both?

Why would a trust not be possible?

Of course a single person can create a trust structure, you just have to consider all the options. You can ask an accountant about the tax aspects but trusts are complex legal devices and only lawyers should advise on them.

The first thing you should consider is land tax as often once this is considered the…[Read more]

It would be subject to CGT because you cannot claim the main residence exemption for vacant land, unless you build within 4 years. But this doesn’t necessarily mean any tax would be payable – depends if there is a profit after costs.

The fact that the money came from the sale of the main residence prior to this is irrelevant.

last time I tried finance for one of these was over 10 years ago and the mortgage insurer would not allow the loan on valuation. They also didn’t recognise the extra rent payments as a credit for the tenant.

But these days many lenders lend based on the valuation where the contract of sale is has been exchanged more than a year ago for off the…[Read more]

I could help on the structure and tax side, but I don’t practice property law so cannot really assist in that area, but I know a bit. I am also conducted some lease options myself in the past – but would not do again. I am sydney based.

Lewis O”Brien used to be the lawer to go to for these things.

When the tenant wants to buy the property (ie become legal owner) they would apply to a lender, just like normal. But the lender will need to know the details such as they have been paying extra rent which goes towards a deposit and that they will be buying under market value. These sorts of things are difficult to finance unless the LVR is under…[Read more]

Depreciation has 2 aspects – capital allowance for building works and fixtures and fittings.
It is only capital allowance that reduces the cost base.

Also keep in mind that legislation is worded in such a way that even if you did not claim the capital allowance it is used to reduce the cost base if you could have claimed it.

I don’t know – you will have to ask the person that advised you. If they think you do need a valuation ask them for the legislation which requires this.

Basically yes. That $2000 would be capital of the trust and could be distributed tax free.