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Well, companies cannot get the 50% discount. There may be more exceptions too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Ghorvath wrote:If my wife and i
Who is purchasing you or both?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Generally yes. an asset held more than 12 months gets the 50% CG discount. This amount is then added to your other income which determines hte tax payment (after deducting other expenes)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Trusts are considered separate entities for tax purposes. So any loss resulting from income will be carried forward but cannot be used to offset anyone else's income.
If a trust sells a property and makes a capital gain then this is different class of income from the income loss which is carried forward. But, the trust deed may permit the reclassification of income. So a CG could be converted into income.
But I am unsure if it could work out that the capital gain could be offset by the income loss.
I am not sure what you mean by the last few sentances – with a trust 'you' don't get any tax deductions, the trust does. also not sure about the last one a trust can get the same deductions as a person can.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You should note that site is for Tax Professionals. If you are using one you should probably be OK. Even if you are penalised it won't be much and you can ring them up and ask them to drop the penalty and they probably will.
If you are seriously ill then ask the ATO to wipe your tax debt – there is a good chance they will wipe it completely.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes the 6 year rule can aplly after you move in and then out again.
So if you live in year 1 and then move out in year 2 then it could be CGT free from up to 6 years.
But if you rent it out for 1 year and then move in for 1 year and out again and rent it then the first 1 year will mean CGT applies but it could be exempt from the subsequent absence and this would probably mean you are only charged CGT on the percentage of the time you were renting it out for the initial period.
eg. you rent for 1 year first then it could be exempt for 6 years so CGT would be 1/7 years = CG x 1/7.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Not neccessarily as it was technically due back in Oct
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You cannot just decide to pay the CGT in a different financial year. You must pay it in the year the contract was entered into. So if you signed contracts in july 2010 the tax would be part of the financial year of 2010/2011 which would be due about now.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You can only get hte main residence exemption once you have established in as your main residence and this probably means moving in.
If you rent it out first hten it would be subject to CGT based on the time it was a rental. So if you rent 1 year out of 10 then 10% of the gain would be subject to CGT – but you would get the 50% CGT discount on this
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Don't assume finance will be ok as it depends on more than equity. At least approach a broker beforehand. You wouldn't want to waste all your time and energy and costs of checks only to find out there is no chance.
Then get a copy of the contract. See if there is anythin unusual in it. You could start some verbal negotiations and then see a solicitor before making a formal offer. Get your friend to check it out and then use a building inspector too.
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
That would fall into the taxable income year of 2010-2011. Tax returns were due to be lodged by around Oct last year, but I think this is extended to Feb or march this year if you are using a tax agent to lodge. Once the tax return is lodged then the ATO processes it and sends you a letter of assessment and then you will have x days to pay. maybe 21. At this point you can ring them up and ask for an extension to pay and they will let you pay it off in installments over a few months.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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natashawicks wrote:Terryw: do you need to live in it for a year to get that 6 years CGT free?No. The property just has to be your main residence and then you move out. The rule relates to being absent from your main residence.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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What about doing both?
Buy PPOR, move in. move out and rent it while you rent elsewhere with flatmates.
You can have the property CGT free for up to 6 years and continue to claim all the usual tax deductions.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I still don't see how it differs. Remember this scenario is based on an offset account attached to an investment property.
Say the IP has a taxable loss of $5,200.
If he has $50k in the offset then this will save $3,200 pa in interest. So the tax situation for this property will become $2,000 loss
This effectively means his income overall has increased by $3,200. This in turn means tax will increase by his marginal rate x $3,200.
If he had put the $3,200 in the savings account at the same interest rate his loss on the IP would be the same, but his overal income would be increased by $3,200. So he will end up paying $3,200 x marginal tax rate in extra tax.
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
HI dachopper
I am not sure I completely understand you post. Assuming interest rate on offset and on savings are exactly the same, I still cannot see how it would differ if interest is calculated daily and added monthly to the savings account/off the loan interest.
I was failing to take into account taxation on savings, but this would generally only be paid at the end of the financial year if you give the bank your TFN.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Its just a commercial decision. Bank would probably sell at market value and make a claim for any shortfall on LMI. LMI will lose out as they couldn't pursue the vendor or previous owner as he is bankrupt. This is what they charge their huge fees for.
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
Sounds like you need some legal advice! Or you could lose out.
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
Would you rather earn $100 in interest or save $100 in interests on the home loan?
Both would result in the same savings – assuming the same entity is involved.
The $100 interest would be taxable. The $100 in interest saved would mean you have $100 less in deductions which means your taxable income will increase by $100.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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MV
Unless you are earning 7%+ in the savings account it would probably work out better for you to put money in the offset as you will be earning whatever the loan interest rate is.
Also, If you have a spouse on a lower income then it may work out better to lend it to them and they earn interest in a savings account.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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A trust is not a legal entity. So the names on contracts should be that of the trustee. But the ATO treats a trust as an entity for tax purposes so it could be X as trustee for Y.
For insurance it doesn't really matter I think, but you should inform the company that the trustee is acting as trustee – full disclosure. Not sure it would make any dfference though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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