Forum Replies Created
probably calculated on floor space used.
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.
But this is a very rough guide.
Another rule of thumb is 5 times annual income = borrowing cap
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
For a different type of answer, see:
TR 95/33
Income tax: subsection 51(1) – relevance of subjective purpose, motive or intention in determining the deductibility of losses and outgoings
http://law.ato.gov.au/atolaw/view.htm?locid=%27TXR/TR9533/NAT/ATO%27
This Ruling considers the decision of the Full High Court of Australia in Fletcher & Ors v. FC of T 91 ATC 4950; (1991) 22 ATR 613 (' Fletcher ') and in particular, considers situations in which a taxpayer's subjective purpose, intention or motive is relevant in determining the availability of an income tax deduction under subsection 51(1) of the Income Tax Assessment Act 1936 ('the Act'). It also relates these principles to the usual kind of negatively geared investments.–
Domjan and Commissioner of Taxation) [2004] AATA 815–
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
A friend bought an apartment in Indonesia. Later found out it wasn't in his name. He has spent 6 years trying to get it back and has paid for it again in bribes and fees etc and has a Supreme Court ruling that it is his, but still cannot get it into his name. I went to Jakarta with him to sort it out, but could not get a straight answer from anyone. 2 years later it may be nearly there.
It is extremely frustrating in dealing with the corrupt and bureaucratic ways over there.
China would probably be better, but still corruption is rife – and you may have even missed the boat.
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
Here is an example:
Urinate 100ml into 1L or water. Then immediately take out the 100ml of urine. Would you drink the water?
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, I miss being a broker!


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've seen several people 'loose' properties overseas!
If you want to invest overseas you should know the language, tax and laws of the country you are investing in. Be prepared to pay much higher accounting fees in Australia too as few accountants understand the tax implications surrounding property overseas.
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
ferdinandch wrote:Terryw wrote:I don't think luck had anything to do with Nathan's success. The market has also been down while he has been buying. It must be knowledge and skill then!I agree with you Terryw, what I was saying is: http://binvested.com.au/how-to-build-a-10-property-portfolio-in-3-5-years-realistically-on-50000pa/ Nathan Birch himself of course has equipped himself enough and made full dedication to this, knowing that he has made real fortune. But for ppl who work full-time with family who barely have time even to achieve life-balance, then expecting them to find a deal, do comprehensive research, travel to regional areas, it is lil bit unrealistic. I mean the example he gave there is lil bit optimistic and sounds too straightforward.
Its a choice you have to make. To do it or find excuses not to do it.
There is no reason to go to regional areas – in fact I would suggest you don't and if you did this wouldn't work as there would be little capital growth. You could do all in that example while working full time.
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
ferdinandch wrote:Shape wrote:Hi Oz- Yes the bank treats equity like cash; but make sure they do NOT x-cross your loan unless you really need to; soHi Michael, When usually you really need to cross collateralise your property? Is it the case when you paid off your PPOR mortgage, and need money to invest ?
Shape wrote:Regarding rent; most lenders will only take in 80% …I did a simple excel calculation yesterday and used the NAB Borrowing Power Calculator. If we don't do any renovation or take risk to buy an undervalued property (what we think is undervalued), every one IP worth 320,000, with rental income $320 p/w (80% income taken into the account), will only add borrowing power by $ 130,000. Means that there will be limit on how many properties you can buy, if you don't significantly add value or market boom happened again ( which is unlikely for the next 3-5 years). I just want to know there is any aspect that I missed. I read Nathan Birch's blog and the explanation how to own 20 – 30 properties on $50,000 income. But it seems, it will only work if the Lady Luck and Mr.Market are always with us (which I know that there is a way to become rich, but there is no easy, simple and straighforward way).
I don't think luck had anything to do with Nathan's success. The market has also been down while he has been buying. It must be knowledge and skill then!
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
very generally.
80% of rental income, and
30% of salary
must be greater than repayments of all loans.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
Previous years tax returns can be amended if you have forgotten to claim depreciation. But max you can go back is 4 years, generally
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
Hi
If it is worth $420,000 then you could buy your wife's share which would be $210,000 (assuming 50% ownership).
That means you could borrow $210,000 on top of your share of the existing loan $43,000 = $253,000 debt. you could borrow stamp duty and other costs too.
Your wife would end up with $167,000 approx cash which you could use to pay for the new house with.
If in Vic it may be able to be done without stamp duty. If NSW stamp duty would probably apply. So you would need to work out if the tax savings would be worth the costs involved.
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
Sorry, I couldn't help myself.
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
"Have you tried property investing?"
No, this is a knitting appreciation site!!!!!! I bet know one even even considered investing in property before. What's it like?
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
Short answer = No
Long answer = Nope
But you could buy the part of the property owned by your wife and borrow 100% for this plus costs. How much is it worth? What state is the property in?
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
Your accountant cannot estimate depreciation. Have you had a QS in and done a report?
Also any borrowing expenses or travel expenses? (includes driving to the accounant). Phone calls? interest ?
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 would imagine so, It would be like any other transaction. You just need proper invoices,
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
Prove.
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
ATO would require you to substantiate expenses etc if you are audited. They will probably look more closely at private rental arragements I imagine.
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
But add in non cash deductions such as depreciation and the tax he saves by negative gearing and the true cost may be much lower.
Say $3000 depreciation and borrowing costs, loss = $12,500
Tax back at 30% = $4,000Cost is about $5,568 pa
Still painful tho
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



