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  • Profile photo of TerrywTerryw
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    @terryw
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    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi Jeff

    I think it all depends on what agreements you have signed. Personally I wouldn't like paying an agent a commission if they didn't find the buyer, and you have only sold an option – what happens if you pay the agent and then the buyer doesn't take up the option? You could be at a loss.

    I would think any managments fees would be payable on the full rent, but you could agree otherwise.

    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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    Like a doctor needs to see patients before they are sick to keep them healthy, brokers ideally need to see clients before they max out. This can help longevity!

    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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    The landlord doesn't necessarily have to be the owner. It could be the person sub-leasing it I beleive.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You can generally assign most things or appoint someone as you agent (in the legal sense, not real estate sense). If you appoint an agent they are acting on your behalf, so you would still bear the tax etc.

    But with real estate there are various licences needed if someone is going to act as a property manager. I am not sure how you would go.

    Maybe you could lease it some someone and give them permission to sublease it.

    What are you trying to do?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Its very hard to finance rural properties, especially large acrerages. Too much risk for the bank.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You pay the management fees to an agent managing the property usually. I guess if you still need them then you will need to pay the fee.

    If you entered into an agreement to sell the property often there are clauses which mean you have to give them a commission even if you find you own buyer or another agent sells it. I think in Victoria it is standard on the contracts down there to have to pay a commission even if an option was sold on the property – you should have struck this out before you signed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, when you put it like that it does make sense because of the leveraging.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would probably just keep on buying investments and then store spare cash in a offset account.

    When you want to upgrade sell the existing one, CGT free and use the cash in the offset.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    god_of_money wrote:
    Richard

    You can get bank valuation (ANZ/Homeside lending), but you can't get the report though.

    WIth ANZ you can – or the broker can, unless things have changed recently

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    that sounds like advertising!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would suggest you just limit the 20% deposits from the LOC. Finance the remaining 80% on your own. Use an IO loan with a 100% offset account and stash the spare cash there. Finance is getting harder to get so you should get it while you can.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Negatively geared properties will one day be making a profit (otherwise there is no point!). It they are owned personally there is little you can do to reduce the tax.

    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 think so

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Your property becomes an investment as soon as it is available for rent. ie you can start claiming deductions. You can still treat it as your main residence for up to 6 years and have it CGT exempt in certain circumstances.

    It shouldn't matter when you do the repairs as the damage was existing. Depending on the nature of the repairs you may be able to claim the depreciation of the building works. eg if you replace the deck.

    You don't really need a valuation, but it may come in handy at a later date if your circumstances change. You should do it when the property is available for rent.

    Although your wife will have rent coming in this is likely to be totally offset by the expenses and she may have a net loss which can be carried forward to offset future profits.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    my understanding is that the property can only be claimed as a main residence once you have lived in it. If you then move out, and are not claiming another place as your main residence, then you have CGT exemption for up to 6 years,

    There is no requirement that you have to move back into the property (to my knowledge).

    see the tax legislation at http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    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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    Its going to cost you a fortune for a solicitor to manage that for you. The other party shouldn't be worried about paying to you as they have your money so this arrangement won't really affect them. Documents can be held by a lawyer without this arrangement. The way you have set it out seems too complicated to me.

    Whether you handle it or a solicitor handles it, there will be no different in taking action if they breach the agreement.

    I should also point out that banks don't like lending for these vendor finance type arrangments.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    ok,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    OzInvest Canberra wrote:
    Hi. thanks for the question. It is not an insurance product. It is a guarantee by the Company OzInvest. The lease back has been in existence for 11 years and has proven popular with OzInvests clients.

    In Prudential Insurance Co v IRC [1904] insurance was defined as existing where one person undertakes, in return for a premium, to pay another person a sum of money, or other benefit, on the happening of a specified event, the occurance or timing of which is uncertain.

    Sounds like Ozinvest is charging a premium and will undetake to pay a sum of money if some event happens.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, but why would you need the escrow? I can't see how it would work or why it would be needed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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Viewing 20 posts - 8,061 through 8,080 (of 16,328 total)