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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Look at the contract you signed, it will probably be listed

    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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    Nope

    It means you can rent out your main residence for up to 6 years with incurring CGT in some situations. One requirement is that you can only have 1 main residence at any 1 time. Another requirement is that it has to be your main residence. To become your main residence you have to live in it first.

    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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    Hi

    I stand by my comments that there is no point without capital growth.
    Think about it. repairs, inflation, opportunity cost.
    eg $100,000 property returning $100 per month = $1200 pa profit.
    Hot water system needs replacing = $1200
    = break even, but no growth to show for it.

    Next year something else needs repairing or breaks. Whats the point?

    But, If you can get high yields plus capital growth = ideal

    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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    Stamp duty and CGT are still payable on market value.

    There is still a possibility to aim for a lower figure were you can justify it with a sworn valuation.

    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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    Yeah, and sad too

    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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    You might not have to.

    Once you move into a place and establish it as your main residence you can keep treating it as the main residence while you are absent. But if you purchase a new place to live in you will need to chose which one to keep as the main residence for tax purposes – its one or the other but not both (unless 1 is not earning income). Since you have a choice you should weigh up which one has the most growth during the period of ownership and chose that one.

    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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    Dan is correct

    INCOME TAX ASSESSMENT ACT 1997 – SECT 118.140

    Changing main residences

                 (1)  If you * acquire an * ownership interest in a * dwelling that is to become your main residence and you still have your ownership interest in your existing main residence, both dwellings are treated as your main residence for the shorter of:

                         (a)  6 months ending when your ownership interest in your existing main residence ends; or

                         (b)  the period between the acquisition of the new ownership interest and the time when the ownership interest referred to in paragraph (a) ends.

                 (2)  Subsection (1) only applies if:

                         (a)  your existing main residence was your main residence for a continuous period of at least 3 months in the 12 months ending when your ownership interest in it ends; and

                         (b)  your existing main residence was not used for the * purpose of producing assessable income in any part of that 12 month period when it was not your main residence.

    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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    The actual case is Giovenco v Dick [2010] NSWDC 4
    and the full judgment can be found online 
    http://www.lawlink.nsw.gov.au/dcjudgments/2010nswdc.nsf/849ff245542dce81ca257100001bd211/c018ee676b0636f9ca2576c40011825a?OpenDocument

    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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    I am not sure, but I think the company that owns the property would be assessed and this split up between the shareholders.
    There are many problems with company title – so beware.

    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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    M could sell to F. F could borrow the full amount and claim the interest on this.
    Stamp duty may be exempt in some states for transfers between spouses.

    Or you could sell to a trust, which would be good long term, but then any losses could not be used to offset your personal incomes (unless you are self employed).

    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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    In the good old days I had a few client's who had their valuations come in over purchase price. One I queried the valuer and he said an identical apartment across the hall had sold for 20% more than this one so he had to take it into consideration. My client ended up getting a 95% Loan with no LMI payable. it is rare tho

    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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    BTW, I am joking!!!!!!!

    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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    I hate all people called Ryan!

    Once a met a person called Ryan who was rude to me, so I hate they all now.

    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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    A mortgage innovator!!!

    What is a mortgage innovator? Someone who innovates mortgages I guess, but what does this mean?

    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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    Are you trying pass off on Richards name?
    QLDs007 v QLD007

    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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    Imagine the benefits when you have 100 properties and you are paying rates etc = bonus interest saved off your loans and think of all the points.

    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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    Yes, me too – but they are only interest free for the month, then if you don't pay in full on time…..

    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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    if its 50 years ol you won't get any depreciation on the building. But if there have been recent renovations you can get depreciation claims on these. But the fittings could bring in a lot – hot water, carpets, light etc. Some QS companies guarantee u will get more back than their fees -or its free.

    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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    Oh, yep deprecate the house (subjet to age) and fittings

    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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    Ooops.

    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 - 7,861 through 7,880 (of 16,328 total)