Forum Replies Created
ha ha funny people are like that. I knew a guy who spend about 4 hours ringing around to buy a camera and to save a few $$$. Then he went out to buy a juice shop and did not DD at all and just paid the advertising price too. Within months the business had failed.
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
learner101 wrote:Hi guys – I have a similar question. I have a PPOR, Have just offered and am sourcing finance on a second property. Initially it will be investment but plan to move into it in a few years when current PPOR will turn into a rental.Should this second property be under a trust or private name?Trust owned properties do not get the CGT free status for a main residence. You may also not get the land tax exemption depending on the state.
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
No need to limit yourself to Brisbane.
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
Wow, I don't buy magazines normally but will have to get a copy of that one. Australia's No1 (both of em) property coaches.
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
There is a great aussie site out there with heaps of free excel spreadsheets – can't remember what it was called now
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
Nothing to lose in calling.
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
Inflexible.
Can achieve the same wit a trust with much greater flexibility.
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
Best to see a lawyer before you sign.
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
MosicLandscapes wrote:All dd has been done. This is a good, sound deal. Just need to work out how to utilize VF (and if it is even worth it). Can I use VF to develop a block of land, paying any remaining money after all blocks are sold?Y
es it is possible. Just borrow the deposit from the vendor. He will want to take a second mortgage over the land but titles can be transfered into your name. You can arrange to pay him in several ways – IO or PI or a one off payment on your subsequent sale.
Once you have found a buyer the vendor will attend settlement with you and your new purchaser will make out a cheque to him and a cheque to you. He will hand over a discharge of mortgage and that will be it.
Some points
It may be very hard to find the 1st mortgage lender who allows this.
It would be easier if you just avoided the vendor financing bit altogether if you 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
Sounds like you need to do some serious research and quick.
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
Paul B. wrote:I apologise for my ignorance but why wouldn't you just use the money straight from your offset account?Because the interst on the home loan would increase and this would not be deducitble.
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
50% discount on assets held longer than 12 months – from date of contract.
But when you say 'complete' does that mean you are building something with the aim of selling for a profit? If so CGT may not apply, but straight income tax.
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
What do you mean by Vendor Finance?
Installment contract would mean you would not get title, generally, until you pay him in full.
Borrowing the deposit would mean you still need a bank loan.
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
The interest on this will only be deductible if:
1. It is used for investment or business purposes, and
2. If it is properly transacted – you could lose deductibility if it passes through a savings account or cheque account.
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
You will find that GST doesn't depend on the entity, but on the property type. GST is payable on new houses whether you buy in personal names or company – but it will be built into the house.
But you should not use a company for several reasons
1. No 50% CGT discount.
2. flat 30% tax.
3. asset protection
Better to look into trusts and you may be able to distirbute any income from the trust to the company to offset any losses.
You should see another accountant too.
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
BigCubez wrote:HahahaWhat is so funny? I have googled your name and not found anything.
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
Paul B. wrote:Terryw wrote:This is how I would do it.List all the cash expenses in rows in excel
strata
rates
insurance
management
total
Then list all the non cash deductions
depreciation builing
depreciation fittings
loan costs (over 5 years).
total
Total costs = Cash costs + Non Cash costs
Income = rent
Taxable income of the property = Income less expenses
= Rent – cash costs – non cash costs.
If this is negative then you can deduct this figure from your other income. This reduces your tax at marginal rates.
If this is positive then it is added and you pay more tax at marginal rates.
That is the tax position.
To work out the cashflow position:
Income = Rent – cash deductions
leave non cash deductions out of the equation because you don't pay for these with cash.
You also get the added benefit of tax back. So this is added in too.
Cashflow = Rent – cash deductions – tax savings.
Fantastic – thanks Terry. Exactly what I was looking for.
There is good reason they call me "Australia's leading property coach" !
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
This is how I would do it.
List all the cash expenses in rows in excel
strata
rates
insurance
management
total
Then list all the non cash deductions
depreciation builing
depreciation fittings
loan costs (over 5 years).
total
Total costs = Cash costs + Non Cash costs
Income = rent
Taxable income of the property = Income less expenses
= Rent – cash costs – non cash costs.
If this is negative then you can deduct this figure from your other income. This reduces your tax at marginal rates.
If this is positive then it is added and you pay more tax at marginal rates.
That is the tax position.
To work out the cashflow position:
Income = Rent – cash deductions
leave non cash deductions out of the equation because you don't pay for these with cash.
You also get the added benefit of tax back. So this is added in too.
Cashflow = Rent – cash deductions – tax savings.
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
People often get paranoid when trying to break the law


This is exactly what the ATO could do and it would be very easy with data matching. But just because the electricity was in another name doesn't mean it wasn't your main residence.
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
Probably best to sit down a use an excel spreadsheet. Only use the phone app for rough calcs.
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



