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Also Someone on $80,000 pa would pay approx 18747.00 in tax. That is just 23.4% tax.
Great calc at http://www.taxcalc.com.au/Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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kilat wrote:Hi,I'm hoping for some help on these questions that's been bugging me. We lived in a house for 3 years, then built a unit at the back. Before the back unit was completed, we built and moved to a 3rd house for good. The back unit was rented after it was completed, and the front house was rented out after we moved out (both in the same financial year, if that's relevant). My questions are:
1) We intend to sell the front house some time in the future, does the 6-year rule for CGT exemption apply to this? If not, how do I determine as part of the cost base the front house's share of the original purchase price (which includes the land the new unit is now sitting) and the cost of new common driveway? If the CGT exemption applies, I don't have to worry about cost base or valuations of front/rear house, is that right?
2) There is only one loan for original purchase and construction of new unit. For the proceeds of sale of the front house, can I use it (in full or part) to pay off the loan of the 3rd house (assuming the LVR ratio on the new unit is sufficient), and still claim as tax deduction the full interest of the unit's loan balance? What's the best thing to do?
Thanks in advance for your help.
This is a very complex question and you should seek professional opinions.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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jcasny wrote:Hey Guys,I am very interested in buying a 4 villa complex in Bali, operating as a hotel destination with infrastructure already in place.
As i am an investor in NYC and NOT internationally, I wanted to know your thoughts… I am not exactly up to date on the real estate politics of Indonesia and as with any long-term investment I need to consider the investing climate in addition to the investment itself.
Thank you for any and all comments regarding this matter. (Can provide additional info on the property if needed).
Very risky is the first thing that comes to mind…
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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winadil wrote:I want to change my ppor into ip, I went to the bank and after 2 weeks they came back and told me that since my loan is over 80% (is currently at 83% ) that I will have to either pay for mortgage insurance again or pay out $14000 to get it under the 80% but that they also wanted to get the house reevaluated and that the house might be worth less and means I cant get the intrest only loan anyway. I have the $14000 sitting in an offset account but dont really want to pay the loan off as we are saving for another investment property.
We most likey move out before march/april next year but seems kinda pointless to pay the princle off now when later we dont want too to save money on tax when it is an IP.
Is the bank just screwing us around or is this standard ?
What type of option are avaible to us? Should we be looking at changing loans to someone that know what we want or just pay the money off and change it over. Not really sure what to do and dont want to make a silly move that will cost us in the futureI must be missing something. Why would LMI be payable – are you borrowing more money?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Best to see a property lawyer. Not all property lawyers would do litigation however, so even if someone has not been to court this may not mean anything. In fact a well drafted contract may mean there is no ambiguity and less disputes arise.
Also the option contract is only one part of it, the aother part is you knowing the contract and meeting all the requirements such as properly notifying the other party that you are exercising the option.
There was a recent case involing a restuarant in Darling Habour Sydney which involved an option to renew a lease. Millions were spent on a renovation and then the leaseholder failed to property notify the landlord they wished to renew the lease. the result was they were kicked out…
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You may be able to go into the purchase with another party. It will be virtually impossible with just $4k deposit.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Since you have inherited the land it is likely your cost base will be the value at the date of death. Best to get some proper tax advice before selling as you may be unlikely to get the loss
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Yep. 6 year rule would only apply after it was lived in first.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If you were paying someone else’s loan you would have a beneficial interest in the property.
You couldn’t change the loan as it is not legally your. The borrower would be the contracting party with the bank, you would be just paying the loan.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Any claims wouldn't amount to much 2 weeks is about 4% of a year!
Complicates CGT too, though this shouldn't really be an issue in the long run. The property will be always subject to CGT as a % of the time it was rented.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Go and speak to one of the financial advisors at Centrelink. They are apparently very helpful
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes, someone that owes you money is responsible and you can take legal action to get this money back. If you have an insurer they will probably take this action (in your name too!).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes it is all possible. You must seek proper legal advice to set up, as without it you will be in danger of breaching various provisions in the Corporations Act.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Don't know about conveyancers but solicitors can.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Jason957 wrote:If developing a property under a company (to sell) do you have to pay CGT and income and gst ??Developers generally do not pay CGT just straight income tax. GST would still apply.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Forge wrote:Hi guys,Thanks for your replies.
So no one knows how or where to find investing partners?
Terry: I had two trains of thought.
First idea was the half the house would be bought as a wrap arrangement. So there would be no need to guarantee any loan.
Second idea was if the partner was in a good financial position we would create a business and get a new loan for the house under the business name. With both parties as 50/50 partners.
What did you mean by utlising future equity?
I forgot to mention that I have been investing in some sense for a few years. I don't know a lot but I know enough to know that two heads would be better then one. I am really keen to get into a partnership so that I can keep investing and grow a decent property portfolio. So wether I sell or keep the house I am still looking for a investing partner or mentor.
Cheers
Tom
Tom
It is a wrap type arrangment this may not help the family member who wants out. They would presumably want to be taken off the mortgage and want cash up front.
The equity comment what happens in the future if considerable equity is build up and one wants to use it and the other doesnt. Or even if both want to use it.
Also consider death divroce and incapacity.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Lee Underwood wrote:Hey Terrw is right with regards to setting up a trust and assessable income. If you purchased an investment property in your name you might be able to set up a discretionary trust for the rental income it generates as a way to reduce your tax. Any thought Terryw? CheersFUrther to wilkos comments you could possibly lease to a trust which could then lease at a higher amount. This would divert a small amount of rent to the trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Worth making tje point twice!
Another thing to consider is utlising future equity
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Would you be willing to guarantee a strangers loan? Or even a family members?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Would you be willing to guarantee a strangers loan? Or even a family members?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



