Terryw replied to the topic Change of Main Residence – clarification required for CGT Exemption & 6 yr rule in the forum Legal & Accounting 9 years, 11 months ago
Good point CRJ and these costs will add up over time.
Terryw replied to the topic Asset Protection & Structures in the forum Legal & Accounting 9 years, 11 months ago
I am a lawyer specialising in asset protection. I have half finished a book on the topic and am still finding out new things each day it is a very complex topic.
It is not as simple as setting up a discretionary trust. It is important how the trust is set up – who takes what roles, the terms of the trust – some ways to set up will achieve little…[Read more]
Terryw replied to the topic Change of Main Residence – clarification required for CGT Exemption & 6 yr rule in the forum Legal & Accounting 9 years, 11 months ago
if you sold it within 6 years of moving out then yes it could be exempt. But your new one will be subject to CGT.
Terryw replied to the topic Change of Main Residence – clarification required for CGT Exemption & 6 yr rule in the forum Legal & Accounting 9 years, 11 months ago
Land tax is a whole different situation. A house could be you main residence for CGT purposes (commonwealth law) but not for land tax purposes (state law) or vice versa.
Terryw replied to the topic Change of Main Residence – clarification required for CGT Exemption & 6 yr rule in the forum Legal & Accounting 9 years, 11 months ago
1. once it is available for rent
2. depends. You will only be able to claim one of the houses as the main residence and get the exemption. So you would generally reassess things in a few years and see which one has grown the most.Terryw replied to the topic Strategic Advice in the forum Help Needed! 9 years, 11 months ago
Thats why you need specific advice, because you are only giving part of the story and these things are important. If you had legally borrowed from someone else first you could have set it up in such a way as to maximise tax deductions going forward, but you may have ruined your chances now.
Terryw replied to the topic Change of Main Residence – clarification required for CGT Exemption & 6 yr rule in the forum Legal & Accounting 9 years, 11 months ago
1, no
2. s118-145 yes, s118-140 only applies if selling
3. live in oneTerryw replied to the topic Renting to a spouse in the forum Help Needed! 9 years, 11 months ago
I answered this above.
Terryw replied to the topic Strategic Advice in the forum Help Needed! 9 years, 11 months ago
You need tax and legal advice as well as credit advice.
Using cash to invest has tax issues. can you borrow the lot without using cash?
If the cash is in the offset account on your main residence then when you withdraw it the interest payable will increase but this interest won’t be deductible.
Putting your money in someone else’s bank…[Read more]
Terryw replied to the topic My steal of the week. $20,000 cairns unit which vendor paid $113,000 for rent $160pw. in the forum Help Needed! 9 years, 11 months ago
I didn’t doubt the story was true. I just doubt the benefit. Not my cup of tea
Terryw replied to the topic How bad if PPOR and first IP are with the same bank? in the forum Finance 9 years, 11 months ago
It would be in the lenders best interest to take as much security as possible from the client and to also tie them up making it more difficult to refinance and leave the bank.
For the client though it would be in their best interest to avoid giving too much security and to being tied up.
Terryw‘s profile was updated 9 years, 11 months ago
Terryw replied to the topic Renting to a spouse in the forum Help Needed! 9 years, 11 months ago
Part IVA of the 1936 ITAA would deny any deductions, but legally you could rent to him.
Terryw replied to the topic Tax issues around free rent? in the forum Legal & Accounting 9 years, 11 months ago
There are tax issues.
There is no issue with gifting money, but if you are not charging rent then you will not be able to claim any deductions on that property at all. If you charge peppercorn rent your deductions would be limited to the amount or rent charged.
A way around all this may be to gift your friend money and have him pay market rent.…[Read more]
Terryw replied to the topic New IP or debt recycle? in the forum Help Needed! 9 years, 11 months ago
Debt recycling will be slow. Buying another property to sell at a later date may enable you to pay off the PPOR sooner. And you can do both buy and recycle.
Terryw started the topic Appointors of Trusts and Bankruptcy in the forum Legal & Accounting 9 years, 11 months ago
Appointors and Bankruptcy
When a person becomes bankrupt all of this ‘property’ vests in the trustee in bankruptcy. Property is defined under section 5 of the Bankruptcy Act 1966 as
“property ” means real or personal property of every description, whether situate in Australia or elsewhere, and includes any estate, interest or profit, whether pre…[Read more]Terryw replied to the topic Finance help – IP purchase and construction loan in the forum Finance 9 years, 11 months ago
Best not to use a LOC for the construction, but a standard loan, interest only. With a LOC you run the risk of money going in and out of the loan. The rate will also be higher and it will be at call.
Terryw replied to the topic Vendor finance with Caveat or 2nd mortgage in the forum Finance 9 years, 11 months ago
Yes you could ‘lend’ them the shortfall and you could secure your loan by a second mortgage. They would need permission from their lender to do this as title would change at settlement. It might be easier, for them, if you secured this against their other property – better for you against both of their properties.
Make sure you seek legal advice.
Terryw replied to the topic My steal of the week. $20,000 cairns unit which vendor paid $113,000 for rent $160pw. in the forum Help Needed! 9 years, 11 months ago
Thanks TheNewGuy
I cannot find any records of that unit.
Most recent sale in the building, from what I can find, is unit 41 for $55k in Oct 15.
Unit 114 for $44,240 in Sept 15
Unit 111 for $34,000 in Sept 15.
Unit 103 for $23,000 in Apr 15.Terryw replied to the topic My steal of the week. $20,000 cairns unit which vendor paid $113,000 for rent $160pw. in the forum Help Needed! 9 years, 11 months ago
Pity the link in the first post doesn’t work anymore as if we had the address we could have done an RP data search.
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