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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    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
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    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    No need to limit yourself to Brisbane.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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 Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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 Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Nothing to lose in calling.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Best to see a lawyer before you sign.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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 Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    BigCubez wrote:
    Hahaha

    What 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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    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 Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    People often get paranoid when trying to break the lawwink

    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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 Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 3,081 through 3,100 (of 16,328 total)