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  • Profile photo of TerrywTerryw
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    @terryw
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    The only way is to make sure you are claiming everything you are entitled to. No accountant is able to tell you everything so just try to  get your head around it a bit and offer up suggestions for your accountant. Basically any expense that is related to money making can be claimed some how.

    Did you know that you can claim travel to see your accountant, maybe to a PO box to collect the mail, to the shop to buy something for the property for example. It all adds up

    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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    It might be better to sell. I suggest you do the sums and see.

    Buying a PPOR will also enable you to use the CGT exemption too as well as not having to pay increasing rents.

    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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    LMI are probably worried about your gearing levels.

    You could try another bank, but be aware that many of them use the same LMI, so the problem may follow you. I suggest you use a broker too.

    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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    If you sell to a trust there is little (or even no) asset protection so seek advice.
    CGT is payable at market rates so you will need a registered valuation for CGT and Stamp duty purposes
    – consider the land tax issues and the fact that trusts cannot offset losses
    – new loans will need to be arranged.
    – depreciation is on construction cost i think.

    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 would also suggest you stop paying down the loans. Do you have a 100% offset account set up? IO with all the spare money into an offset account would be the way to go. Otherwise you are paying down deductible debt and the money is trapped in the loan – you can withdraw it but only with tax consequences.

    I assume that one day you may want to buy a PPOR or spend money on personal stuff, so it is best to save up the cash in the offset which will assist by saving you the same interest, but be better from a tax position. If both properties are owned by the same person then it wouldn't matter which one had the offset.

    It can be improved even further.I would seek expert tax advice about setting up a LOC on one of them to pay the interest on one or both of them and all other expenses. You have a fair bit of equity in one. Not having a PPOR loan will strengthen your position.  This will build up a large cash reserve quickly and enable you to pay cash, or have a large cash deposit for a PPOR>

    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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    hi Adam

    Yes there is a form to fill in. I can't remember the name now, but your accountant can usually help you submit it. Tax installment variation form maybe???

    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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    Capital works is the building and anything or most things attached to it. You can't claim the cost of the house construction for example. Depreciation is the gradual loss in value of an item and the ATO allows you to claim a portion of the cost of an item to compensate for this. eg. Building works can be claimed at 2.5% per year for 40 years.

    Fittings are another item that cannot be claimed upfront but only depreciated. This includes carpets, light fittings, hot water systems etc. These smaller items can generally be claimed over 5 to 10 years.

    Repairs can generally be claimed in one year. Something is generally considered a repair if it is brought up to the same condition as it was when you purchased it. So replacning a roof may be a repair if the same materials are used, but may be an improvement if you put on a better roof. Tax implications would differ.

    So "renovation fee" may be claimable depending on what it is exactly.

    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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    I believe it may be possible. But remember you cannot claim capital works upfront, only depreciate it.

    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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    You can claim expenses your PPOR if it is rented.

    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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    You have to report all income to the ATO, including rents.
    But you may be able to class either A or B as your main residence, but not both at the same time. Because you lived in A before buying B you may even be able to class A as your main residence for this period, and B or A for the next period – up to 6 years in total. You cannot claim both for the same period.

    C is being rented and you have never lived in it, so it doesn't count for the main residence CGT exemption.

    Property D is one you are renting so you cannot claim rent paid for this – unless you are running a business from the home, and then you would only be able to claim part of the rent as you are living in it too.

    The reasonable person has no real bearing on the matter. Look up TD51 for the factors taken into consideration in determining whether a place is your main residence:
    http://law.ato.gov.au/atolaw/view.htm?locid=cgd/td51/nat/ato

    Whether you are reasonable or unreasonable it would still be your main residence if certain criteria are met.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If they are people I believe so, not if companies.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    tax implications of borrowing the deposit? it would be treat as any other loan – if used for investments the interest should be deductible.

    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 think stamp duty is payable on the value of the part transferred.
    Since ownership will change you will need a whole new loan.
    you will need a valuer to value the property for stamp duty purposes and the bank will also send their own valuer for their valuation. You may be able to save a little by using the same valuer as the bank.

    Factor in legals too and any CGT.

    If you rent your half out then you should be able to claim your share of the expenses.

    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 are not going to move back in then there may not be tax issues.
    IO loans are the way to go.
    I am all for trusts too.

    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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    Yes trusts can access the 50% discount – actually it is the person being distributed to that does.

    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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    Were the special conditions part of the contract? If so and they signed the front page then I would have thought you had a binding contract.

    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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    Did u live in A? If so you could probably claim this as your main residence. You could also claim B too, but not both for the same period. either one if sold within 6 years after moving out could be exempt from CGT.

    I beleive that if you don't rent the place you can be absent indefinitely and not have to pay CGT.

    I suggest you look at the Income Tax Assessment Act 1996 near section 118-145 as there are a few relevant sections there.

    Then look up the ATO legal database on the definition of main residence or principle residence.

    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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    You need to increase your cashflow somehow. You can do this by increasing the income and/or decreasing expenses.

    Some ways to increase income are:
    – get a higher paying job,
    – get an extra job
    – increase rent
    – sell an option on your property
    – consider selling via an installment contract.

    Some extra ways to decrease expenses are:
    – change all loans to interest only if you haven't already done so
    – use a 100% offset account
    – get a lower interest rate
    – reduce property management expenses
    – make sure you are claiming depreciation in full
    – apply for a tax variation to reduce your tax weekly instead of waiting for the end of the year

    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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    Do the sums and then reassess

    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 should definitely try to set up a separate loan for the equity . This is especially so if there is a chance you will move back into the house again as the main loan will then be non deductible. So you don't want to mix the 2.

    Also consider the tax implications of your cash. It may be better to pay the cash into the loan and then reborrow -especially if the first house will be your home again. Otherwise you will be paying more 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

Viewing 20 posts - 6,661 through 6,680 (of 16,328 total)