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  • Profile photo of TerrywTerryw
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    @terryw
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    hi Intrigue

    A PPOR can generally be passed to a beneficairy without tax or stamp duty under a will. It remains tax free for 2 years and then would be subject to CGT if they were to rent it out or may be exempt if it were to become their PPOR.

    Not sure about the gifting a portion each year. Maybe you are referring to the centrelink rules where someone on a pension can give away a certain amount of money each year and still be able to get the full pension. If they were gifitng part of a house there would be stamp duty involved and conveyancing costs. These wouldn't make it worthwhile doing I think.

    Also look at getting your relatives a testamentary trust in their will as these can have significant tax and asset protection advantages where the property will be a rental.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    As far as I know there are no concessions in any state for added a non spouse to title. There are exemption for adding a spouse to title for own occuped property, but usually not for investment properties – except for VIC.

    You need to consider CGT implications as well as the stamp duty. Generally there wouldn't be any CGT concessions unless it is done as part of a family law settlement.

    Sorry, i just seen you post above. There are no exemptions for stamp duty for siblings in NSW. So you will be up for the stamp duty on the value of the portion transferred.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Chloe

    try Fast http://www.fastgroup.com.au/member-benefits/additional-services.aspx

    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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    Building works will need to be depreciated over 40 years. Smaller items such as fittings and fixtues will be able to be depreciated over a shorter period depending on the item.

    A trades person does not have to do the work to make it a deduction.

    Basically all items associated with a property can be deduccted somehow. Also factor in your travel expesnses – but not your labour as you cannot employ yourself.

    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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    Thanks for the link. Looks good,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Why Rob?

    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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    I don't know much about indonesia, more about thailand. That doesn't mean Indonesia is more secure. I think it is jsut as corrupt there as in Thailand.

    I know that you can do a lot to prevent the nomiee seling such as mortgaging, 30 year leases, caveats, options etc. But how well these work is not known. If you read the link about you will see someone forged the guy's signature and just sold his property so nothing could have safeguarded against that.

    At one stage the good friend of a high ranking police officer was renting my friends apartment in Jakarta (off the fraudulent owner). Getting her out was a delicate operation because of her connections. My mate had the key and just went in there which was very dangerous. You can get killed for things like this.

    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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    I would also suggest you don't do it, or try great caution in doing it.

    CSRA has some good points, you need to plan for (or either party or their spouse):
    – Divorce,
    – Death,
    – Insolvency
    – Tax issues
    – Financing
    – Exiting
    – etc

    eg. Imagine the spouse of your partner goes bankrupt. Her trustee in bankrutpcy could possibly come after your partner's share of the property.

    or

    You partner dies. His lovechild surfaces and makes a claim on his estate. You may end up with 2 more partners!

    or

    Your partner's spouse puts a caveat on the property (under family law issues) and you are unable to finance at a crucial time.

    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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    try omegapartners.com.au in Sydney

    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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    Probably a bad idea!

    see my comments here
    https://www.propertyinvesting.com/forums/property-investing/overseas-deals/4335562

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, I can.

    Firstly you have the rule of law. Over there the law does not have the same weight as in Australia. Bribery and fraud are rife and people can steal your land and other assets easily. I wouldn't even trust money in the bank there. Caveats have little weight, mortgage also – because people can easily forge signatures and documents etc.police are extremely corrupt. You cannot drive a car in thailand without having to pay a bribe at least once per month to a corrupt cop.

    I have one friend who shacked up with an indonesian woman who brought a unit in his own name and somehow it ended up in her name. She stole it from him, then dumped him and he has been fighting for 5+ years to get it back. He has an order from the supreme court there, but still cannot get the unit out of her name. I went with him to Indonesia a few years ago to sort it out, and dealing with the bureacuracy there is extremely frustrating.

    In Thailand, there is this man who had his $2mil AUD property stolen by his maid. It ended up being owned by the sister of the police chief and he cannot get it back. see these websites:
    http://www.andrew-drummond.com/view-story-other.php?sid=389

    http://www.andrew-drummond.com/view-story.php?sid=403

    Secondly, how will you borrow to buy there? It will be very hard to get a loan to purchase there. So you will have to have cash or borrow from Australian property. Why not invest here where you will get a good return and rent a place there with the proceeds?

    Thirdly you will need to speak and understand the written language where you are investing. If you can't you shouldn't invest. There are many different types of land title in Thailand and you need to be able to understand this and lease, mortgages, property law etc.

    forthly, what about the political instability. In Thailand the king is 84 and frail, he will die soon and there will be a huge change in the society. Who knows what will happen.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    If you only ever had IO loans you will never pay off the property. But this isn't necessarily a bad thing because:
    1. You can get to own more properties but stretching your investment dollars further
    2. Inflation and price growth.

    Imagine, my friend's parents bought a property in Sydney in 1960s for $16,000. It is now worth $1mil+. The annual rent would probably be twice what they had paid for the property. Imagine if they had used an IO loan initially. they would still owe $16,000!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    julieanne_w wrote:

     
    Re the above suggestions of holding onto the money for a future PPOR purchase …could you put the money into the investment property to save on interest for the time being and then draw down on this later to fund the PPOR?
     

    You could use a redraw. But then you would be losing money by paying extra tax.

    once you pay a loan it has to be reborrowed to get they money out again (even using a redraw is new borrowings). This means you will be borrowing to buy a private expense and the interest won't be deductible.

    Getting good advice early on can save you tens of thousands of $$$$$$$

    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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    I would suggest this may not be a good investment.

    You should always work out the figures on the full amount of property and costs as this is what you will be paying. Because there is an opportunity cost of pulling the cash deposit from other investments.

    So based on $130,000 with, say $10,000 worth of buying costs = $140,000
    7% IO loan on this = $188 pw
    if you are getting $210 rent then you pay 8% to an agent and are left with $193 pw

    So you are left with $5 pw profit. This is before you pay rates, insurance, and the big one repairs – how happens if you need the hotwater system replaced? What about vacancy rates too.

    Usually this is made up for with capital gains, but, realistically how good would capital gains be in Tamworth? If there is 2% CG then there is no point in investing at all.

    The only way I would buy out of a capital city is if the property had some potential to sub-divide or add value somehow, or if you could buy dirt cheap and resell quickly.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    scotts wrote:
    interesting read, i wonder how many people are linked to trusts without having any idea..

    The majority of the population possibly!
     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I would be very wary of buying in a regional area.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Think of the future.

    If you are paying down an investment property then you are tying up your cash. What happens when, a few years later, you want to buy a place to live in? You will have to borrow more because your cash is all in the investment property.

    This means more non-deductible debt. ie higher interest on your new PPOR loan because you had to borrow more.

    At the same time it also means you will be paying tax on your income from the investment property.

    This has got to hurt!

    The solution is to speak to a broker and use a IO loan with a 100% offset account. You will save interest and have your cash available without tax consequences.

    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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    There are some serious tax consequences with using a LOC.

    Since a LOC is a loan then you can get into trouble by paying into and taking money out of it. Each deposit is a repayment and each withdrawal is new borrowings.

    This means that if you ever used a LOC like this* for an investment property, or a property that may become an investment property, then you can be left with a large loan that is not deductible.

    * I mean if you withdraw money for personal expenses.

    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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    bd01 wrote:

    hello all .. I'm thinking of trying to boost my super through property with smsf .. an investment group is suggesting brisbane cbd but I don't know if I'm too old .. (just turned 50 .. but a young 50).  I'm very nervous about it .. should I just leave my super in the fund?  Does anyone have any "pearls of wisdom" please?

    If you are nervous, then that may be a sign. be careful of investing the the CBD

    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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    Yea i access the site on my iphone too. It seems to work ok.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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Viewing 20 posts - 5,901 through 5,920 (of 16,328 total)