Hi

We purchased a property today in VIC. We had done a pre -inspection before settlement and found that the electrical appliances are not working and neither the air conditioning systems has got their remotes. We have told the estate agent as well as conveyance about it and asked if the vender can fix these issues before the settlement . but got no answer from either vender or our convenyancer. The first time when we did the property inspection , there was no electricity or gas connection.And now the property is been settled without our consent and convensar assured us that they are going to ask for some compensation or withheld the money, but nothing has been done .Can we ask for compensation or not.

We feel like we have been ripped off the money we have paid for.

Terry, for CGT purposes can we choose between "% of time as IP" vs cost-base before it changed to a PPOR? The tenants will be moving out in 2 weeks so in total it would have been rented out for 4 weeks (2 in the last financial year). The property will be my PPOR for at least a year (FHOG and WA grant requirements) after then I'll move out and make it an IP. If I sell it 5 years from now can it still be exempt from CGT? Thanks.

Hi all,

There is some great info here which is really helpful, but I also have some questions that I am hoping you can assist with.

My situation: I now live in Norway with my wife and our 2yo son. I have an Australian salary until at least Dec 2014, but probably Dec 2015. My current gross salary is about $78K as I am on part time leave without pay (normally about $120K). I have about $80K in the bank, of which I am prepared to spend about $40K, keeping the either $40K as contingency. I have an investment property which I owe about $51K to NAB. I declined an offer on this place in March 2012 for $230K (kicking myself!).

I am looking to replace my Australian income with passive income from property. To do this I estimate I need approx 10-12 properties (minimum), based on a net positive cashflow of approx $10K per property. I am looking at acouple of high cashflow investments such as unit blocks and between 4-6 NRAS properties as the core of my portfolio. Once I have sufficient passive income, I would also seek to acquire acouple of properties in CBD of Sydney, Melbourne, Brisbane or Perth which may initially be negatively geared, but have a very good capital gains prospect.

I need a suitable finance structure to achieve this goal, and after reading 'From 0 to 130 Properties in 3.5 Years', I am hopeful a Trust structure may be suitable for me. My main issue is, before I go through the process of establishing a Trust, how can I be confident of getting suitable finance to acquire multiple properties (I estimate at least $4 million in finance is required for me to gain enough suitable properties)?

I would likely be sole director and beneficiary as my wife is Norwegian and doesn't have Australian residency or citizenship, or bank account (and we live in Norway). Is this an appropriate structure? Am I able to make small dispersals to my infant son if I establish an Australian bank account for him? (I have read comments about tax implications for distributing to minors).

I have spoken previously to my accountant who has advised I am, and can remain, an Australian resident for tax purposes.

Also, as I said, I have read 'From 0 to 130 Properties in 3.5 Years', which was a great help, and I have also read 'Value Investing in Property' by Gavin McPherson, and the way I understand it, Gavin is very critical of the Trust structure methods that Steve talks about as a method of quickly acquiring significant numbers of properties. Any thoughts?

Many thanks for your assistance and feedback

R.

Hi Terry,

I have always planned on seeking advice from an accountant, lawyer and broker but I have always found it hard to work out which order was best.

Because of my situation I figured accountant was best as most of my concerns revolve around taxation. This said, what worries me is that if one pays for an accountants advise (and as you said it could be expensive in my case) and then sees a lawyer, what happens if there is a discrepancy between what the two are saying. its almost as if you need to have everyone in the same room at once in order to avoid any back and forth and therefore larger fees.

After looking on the ATO website it seems that I am a nonresident for tax purposes – I have moved overseas indefinitely with no plans to return permanently (I have no idea how they can measure this) I have a bank account in AUS but nothing is going in except a small amount of interest and this will be shut down shortly, other than that I have nothing there. I have canceled all insurances, registrations and own no assets there.

Would you say it is wise to see an accountant for advise about structure re. tax and resident status and then see a lawyer to do the actual set up?

Also I know it will be an approximate number but could you give me a ball park figure for such complex advise?

Thanks for your help! 

Thanks Terry and Richard.

Yes, I think a broker, accountant and lawyer are all key to the success of the structure and finance of the purchase.

Richard, I assume in your scenario the daughter was named as beneficiary on the trust deed? I could not imagine them asking for her to be guarantor unless she was named as beneficiary, trustee or director of corporate trustee.

Terry, regarding naming my wife as beneficiary, if I just put myself as beneficiary, would I still be able to distribute to my wife and her family if needed?

Thanks for your help.

Regards

Simon