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  • Profile photo of TerrywTerryw
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    @terryw
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    Office of State Revenue would request you get a valuation done for stamp duty purposes. This should satisfy Centrelink 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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    Just stumbled on a recent QLD legal case involving adverse possession.

    Eckford & Ors v Stanbroke Pastoral Co Pty Ltd & Anor [2012] QSC 48

    see summary here http://www.lawyerassist.com.au/2012/05/07/cases/eckford-ors-v-stanbroke-pastoral-co-pty-ltd-anor-2012-qsc-48/

    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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    Why do you want to find these properties?

    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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    Thats right, just employ a quantity surveyor.

    Also note that you can keep your home CGT free for up to 6 years 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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    Hi Tom

    Yes, a percentage of the loan would be deductible but the problems arise when a person tries to pay down the non deductibe portion. If it is a mixed loan then any repayment to the loan will need to come off the deductible and non deductible parts in proportion to the loan mix. This is a mathematical nightmare and not tax effective as you would be reducing your deductible interest with each repayment.

    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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    There is a place to put their income and it may affect your income tax by increasing your rebates if your spouse is on a low income,

    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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    leyashyash wrote:
    Hi,

    I have a PPOR valued at 350,000 on which I have a mortage of $200,000.I have been staying here for 4 years. I am looking at buying a investment property valued at $500000. I plan to rent this IP for 6 months and then move into this property and convert my current PPOR as Investment property.

    Would this be a good plan? What are the drawbacks of going this way?

    Thanks

    One draw back is that your new property will be subject to CGT

    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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    Look at Nathan Birch.. He appears to be well on the way to doing what Steve done and is doing it now.

    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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    Tax returns are done separately but there is a little section regarding adding your spouse and her/his income.

    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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    Just think that you have to keep your cash for non deductible debt and borrow for any investment related expense – This will speed up your repayment of debt by increasing your tax deductions and decreasing your non deductible debt.

    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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    Every $1 you pay off the existing loan on PI means more tax later.

    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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    No camping. Adverse possession claims are very difficult and can be unsuccessful – imagine living in a property for 11 years only to have the legal owner turn up and claim it at the last minute.

    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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    Yes, change PPOR to IO and get a 100% offset to save interest in the meantime

    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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    Keep in mind any extra funds won't be deductible and you should set up a seaparate split loan rather than end up with a mixed loan and the associated tax issues.

    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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    Tom is correct and it could result in the main loan becoming a mixed purpose loan which will also cause problems.

    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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    Just grab a law textbook on property. eg. Peter Butts Land Law – which has a whole chapter on adverse possession.

    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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    Look at trusts instead – with a company as trustee.

    Companys have a few disadvantages. One is the 50% CGT reduction which is not available so the company will be paying a flat 30% CGT rate where as the individual (direct or via  a trust) will pay a max of 24% but probably much lower.

    Another disadvantage is that the income of a company does not retain its character. So if you have a capital gain in the company and this distribute it to a person then income is no longer capital gains but dividends. This means a person with a capital loss could not use the income to offset the loss.

    Asset protection is another one. Companies offer limited liability but the shares are property so if you are sued then the company provides no asset protection benefits if you hold the shares. If you are going to use a discretionary trust to own the shares then you might as well use the trust to own the property.

    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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    CGT would be at market rates.

    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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    One tip is DONT use a company.

    Why are you wanting to use a company?

    ps. You could access equity in property you have purchased in your own name 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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    jenny111 wrote:
    What does 'to compell you to provide the details' and 'CYA  at all times' mean?, please.

    Compel, as in legally required to do so.

    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

Viewing 20 posts - 3,841 through 3,860 (of 16,328 total)