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You can still claim all the normal deductions if you are not working, but your income will be limited so your may not get much back if any at tax time if you have paid no 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
Don't use a redraw loan as this is totally different to an offset and you will be worse off in the long run.
IO loans eventually change to PI so if you keep the loan for 30 years it will be paid off. But the main reason not to use PI on an investment loan is that you will be paying down deductible debt. It may be ok once you have paid off your non deductible home loan, but if you are paying PI on an investment this will lead to your wasting money by paying more 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
Tax will depend on a few things. Generally income of a SMSF is taxed at 15%. But the SMSF can claim the usual deductions.
If the fund is paying a pension then the income could be tax free.
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
Also think about death, divorce and bankruptcy.
What if one wants to sell and the other doesn't?
Stamp duty and CGT iimplications of one buying out the other etc.
Accessing equity down the track.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
Or go straight to the legislation:
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html
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
Yes, it will have an impact because you will be paying more tax if you earn more than a certain amount. I think if you earn more than $48k it will be an extra 4% 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
You should never use a trading company for a variety of reasons.
The main one is asset protection but another is for convenience.
When a lender lends to a company as trustee they will take a charge over the company's assets. If the trading company later enters into other contracts this can be a major drama as registering further charges could be a breach of the terms of the mortgage and the company may need the permission of the lender.
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
Look into adverse possession too. He may be able to make a claim for that part of the land if in continuous occupation for 12 years or so.
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
Well, I haven't really looked into this before.
I would imagine once the land is subdivided then only one of the blocks will be CGT free. So if you sell one immediately it may be CGT free and if you live in the other immediately it may be CGT free because it is 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
You might want to look at the PDS docs on how not to be a developer on http://www.bantacs.com.au
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
First thing to do is approach the neighbour and tell him that you think his building is encroaching on your land. Let him respond and see what he says. He may want to get his own surveryor in and/or you can you him your survery.
3 m is a lot of land! Ask him to move his shed etc from your land. See what he says
You may want to look at
ENCROACHMENT OF BUILDINGS ACT 1922
http://corrigan.austlii.edu.au/au/legis/nsw/consol_act/eoba1922235/
but this may not apply for garden sheds. You may then have to take legal action to get him to move. You may have to share the costs of moving a fence. Best to do as much as you can without lawyers and then use them as a last resort.
Maybe also check out council plans for his structure, if there are any
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
Did you live in the original PPOR before renting it out? And while renting it out did you ever have another 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
I rang the Office of State Revenue NSW to confirm and this example is how it should work.
A and B own a PPOR – this is generally exempt.
A and B also jointly own an investment property with land value of $396,000. This is exempt as the tax free threshold is $396,000.
A then goes on and buys a property of his own, land value worth $200,000. I wanted to clarify how A would be assessed.
Based on the total values or based on his share.
Since A only owns 50% of the first property his value for land tax would be:
$198,000 for property 1 and $200,000 for property 2.
Total $398,000This is $2,000 over the threshold so he would pay $100 plus 1.6% of $2,000.
NOT 1.6% of the $200,000.
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
Yes, me Sydney too. CBD. my email is [email protected]
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
I am a mortgage broker and could possibly assist. Where are you located?
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
Well thats what you can expect with a vague clause -works in the favour of the purchaser in this case. I think you should let it slide and resell. Next time someone tries a valuation or finance clause try to be very specific – name the bank, time and amount that must be approved and how they are to notify you if it is not approved.
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
I can think of one that will do it if internal is at least 40sqm and then whole lot is over 50sqm including balcony and car park and is not high density. 95% may be possible.
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 should seek legal advice before entering into contracts.
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
How much did you use?
You would have to split the variable into portions – investment portion and non investment portion. But since it is a very small loan any effect would be very small and it may not be worth the effort.
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
can your prove your income? Are you willing to show 12 months BAS statements and trading accounts and do these reflect the income you will declare?
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



