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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Thats pretty much it.

    Selling could save you years of undeductible interet – but cost you stamp duty, CGT, agents fees and loan fees.

    Another option is to sell the home and live in the investment – avoid CGT.

    You may also be able to sell your half of the house to your spouse, or sell the whole place to a trust you control. That way you avoid the agents fees and get to keep the property while getting some cash out of it to pay down other loans.

    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 plenty on the forum here. try QLD007

    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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    Charles 1 wrote:
    JacM wrote:
    I think a question a lot of people have in their minds is: should I buy every property in a trust…. even if I end up with say, only 3 properties?  Or should the first couple be in own name and then go into the world of trusts if planning to go larger?

    Interesting article here as to why you may want to use a trust: http://propertyupdate.com.au/articles/protecting-assets.html

    That article reads more like an advertisement.

    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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    Hmm, that is like saying you need a good chef and have tried maccas and KFC.

    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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    You only have to charge GST when you sell. Whether main residence or investment before that doesn't really matter I think.

    If you want to claim GST, then it is an investment property you would claim it as part of the cost of construction I would think. If it is a main residence then you wouldn't be able to claim it at all.

    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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    Hmm, that is like saying you need a good chef and have tried maccas and KFC.

    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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    @terryw
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    TG

    Why not do the sums and see?
    Also factor in if you live in the house first you can rent it for up to 6 years and have it CGT free. That could be an additional big saving.

    And buyers agents fees are considered a capital expense and only deductible against the capital gains of the property when sold.

    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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    All new residential property is subject to GST. The GST act defines new as being substantial new and and less than 5 years old building a house would qualify as new. I know of know exemptions for main residences. I think the only way around it is to hold it for more than 5 years.

    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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    Dean Potter wrote:
    Oh and one other tip, once a lease lapses, and becomes periodical, you must give 60 days notice to the tenant to vacate. There's little things like that that can catch you out.

    Good luck!

    This may vary from State to State.

    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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    Yes stamp duty and CGT exempt on transfer subject to court orders or marriage breakdown. etc – But if it is an investment becareful about CGT as you could inherit her gain and end up paying extra tax.

    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 cause you call them a contractor doesn't mean they are not an employee – there are various tests to determine this. So do be careful. Nevertheless it could be a good way.

    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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    Nope.

    One party can't sell the property if both on title. They would need an order from the supreme court or the family court. Even if the other party is not on title she/he could get a caveat and prevent settlement.

    These things can drag on for years.

    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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    On issue with the land is that the loan would need to be in all names – the same as title. So if the other party stopped paying, then you would be responsible and you could be used and lose your other assets if there is a short fall.

    You could possibly avoid stamp duty on the splitting of the bocks into one name each – but you would need a deed of partition and have the exact sizes determined before you settle on it. As long as the split results in these sizes you may be ok. Otherwise you will have one block with 4 names being split and one part going into 2 names and the other into a different 2 names = stamp duty.

    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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    What you can do to help the situation is to:
    1. Start borrowing money to pay for all expenses associated with that property – rates, insurances
    2. Look at setting up a system whereby you can borrow to pay interest on the loan for the IP.

    You will find this frees up cash which can then be used to pay down the new non-deductible mortgage – or better put in offset, in case you move out again.

    You need to set this up properly or the ATO may deny deductibility, so see a professional before implementing.

    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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    Having a farm like that is one of my dreams, hope it works for you,

    Have you tried Stacks Finance? They can lend up to 50% LVR on farms with rates around 10.75%. I have some details and can forward you a recent email if you need it.

    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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    @terryw
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    What about the income from the nuts?

    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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    @terryw
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    Its strange that agents don't care about property management. They seem to think it is the sales side that matters, but it is the management side that brings in long term passive income. As they build up a list of properties being managed they can then sell this loan book to other agents. The going rate is about 2.5times the annual income collected.

    Say the agent managed 100 properties and the rent was $300 pw on average and their fee 8%. That is an annual fee to the agent of $124,800. They could sell this rent book for about $300,000 (and you can even get finance for this sort of purchase).

    Nothing to be sneezed at!

    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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    Watch out for the legal issues too, especially vicarious liability – you can be responsible for acts committed by your employee. Also make sure you have property insurance in place in case they fall off the roof or electrocute themselves etc.

    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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    @terryw
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    He owes nothing on the property – maybe he is trying to set up a LOC for further investing?

    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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    wow, that would hurt serviceability.

    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

Viewing 20 posts - 6,561 through 6,580 (of 16,328 total)