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  • Profile photo of TerrywTerryw
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    @terryw
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    hi CRJ

    I think I recall hearing something about that now – will look into it

    For the 50% bonus the asset needs to be over $1,000 for small businesses and to be classed as a small business the turn over needs to be less than $2mil.

    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 will not qualify for the FHOG as your spouse has owned property before. See my other post on the legislation

    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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    Hang on

    it subsection says:

    "(a) after the transfer, the residential land will be owned by the parties as joint tenants or tenants in common in equal shares; and "

    You will not qualify as you want  the property to be owned by your wife only.

    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 personally like shares better than property and would recomend you doing some intensive research before you do anything. A good Aussie book is Colin Nicholson "Building Wealth in the Stock market" 2009.

    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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    fishngym wrote:
    (a) after the transfer, the residential land will be owned by the parties as joint tenants or tenants in common in equal shares; and
    (b) the residence <font size=”4″>will </font>be the principal residence of the parties. I have previously contacted the QLD OSR in relation to the definition of WILL be the principal place of residence. They passed me around without really giving me an answer to rely upon.From memory the Macquarie dictionary also defines WILL as intent. I intend to move into the residence in 10 years time.

    OSR staff can't provide legal advice, but have a look on their website and see if you can see any rukings about this. Also do a google search on the section of the act in question. Then look at the Acts Interpretation Act (QLD) and see if you can get any tips there. You may have to look at the intent of the drafters of the legilsation – they probably had in mind a single person adding their new spouse to the title. But, you may qualify if you just stay in the house a bit longer as it is still your main residence.

    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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    Here are some more examples and further info
    http://taxbonus.com.au/Howitworks/tabid/314/Default.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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    $1500 fee is way too much to pay. I would bite the bullet and get out of that lender now. Otherwise you will face the same problem every time you need more money.

    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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    pay off all non-deductible debt first – or at least as much as you can – and then reborrow the money to invest.

    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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    For these sorts of questions it is best just to look straight at the legilsation:

    http://www.austlii.edu.au/au/legis/qld/consol_act/da200193/s151.html

    DUTIES ACT 2001 – SECT 151

    151 Exemption–particular residences

    Transfer duty is not imposed on a dutiable transaction that is the transfer, or agreement for the transfer, by way of gift, from 1 party to a subsisting marriage or de facto relationship to the other party to the marriage or de facto relationship, of an interest in residential land if–

    (a) after the transfer, the residential land will be owned by the parties as joint tenants or tenants in common in equal shares; and

    (b) the residence will be the principal residence of the parties.

    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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    Interest on borrowings which are used for investment purposes should be deductible as are the actual costs.
    confirm with your accountant

    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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    Its hard to read and understand long sentences like that isn't it.

    My interpretation is this:

    Lessor can serve notice of increase prior to expiration of the lease.
    The notice for this increase is the later of
                     – 1 month after the notice date / or
                     – last day of the lease.

    So they cannot increase the rent during the lease. If they want to increase the rent after the lease, they must give at least 1 months notice.

    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 looked into it years ago and worked out that you were better off renting (just from a money pov) for the first 5 or 7 years. Then, with rent increases, and assuming rates stayed the same, you were better off to have bought.

    But that was when rates were much higher. Now it may be 1 or 2 years.

    You will also need to take into consideration that having a PPOR will mean tax free capital gains, whereas if you rent and put the money saved into another investment then you will pay CGT.

    Have you considered buying something you think you may want to live in in a few years and then renting it out and you renting something for a few years. That way you get some initial deductions.

    Even better, move in for 6 months initially, and then out again and have the ability to claim CGT exemption on the place as well.

    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 think the person damaging the property would be responsible. Your insurance cover may pay up and then pursue him (or her).

    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, as long you you live in it for 6 months during the first 12.

    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 Karen

    And, did you know you may be able to amend previous years tax returns to include the depreciation that you missed?

    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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    Hyrdramax

    The offsets are excellent products, but you can take it one step further by borrowing for actual investment/business expenses (from the LOC). This will leave the cash you would have used in your offset account saving non-deductible interest while increasing the deductible interest. Overall the interest amount should be the same, you are just increasing the deductible portion. So the LOC could be used to speed up profitability.

    All salaries and rents and other incomes should be placed into the offset. You can also add one of those interest free credit cards with reward points so that your money stays in the offset longer when you use the card for expenses. You also get points which you could use for gift vouchers etc. This all adds up when you are paying rates, insurance etc for many properties.

    The only disadvantage with the above is that you will gradually build up large sums of cash in the offset account and some people can be tempted to spend it when they otherwise wouldn't. You need to be disciplined.

    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 think you need to see a broker. Banks will run a mile if you tell them you are going to quit your job and change careers. Borrowing money to live on will make it worse – in their eyes.

    Some things to consider:
    You could possibly just move the land to another bank to access the equity. However, it is generally difficult to pull money out now without specific plans in place. ie they want to know what the money will be used for.

    Setting your self up as a employee under your own company will also be considered self employment and they will want 2 years financials before they will start lending based on this income.

    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 was curious so looked up the legislation myself (its too cold to do anything else atm)

    Firstly, the FHOG Act, http://www.austlii.edu.au/au/legis/nsw/consol_act/fhoga2000250/s6.html

    this says it adopts the definition of the 'spouse' as in the Property (Relationships) Act: http://www.austlii.edu.au/au/legis/nsw/consol_act/pa1984298/s4.html

    have a read, the definition is very broad and can include any couple living together that are not related by family.

    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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    Hi

    Yes, all interest is tax deductible – but the income from rent is taxable too.

    So lets see

    Income is $29,510
    less expenses of:
    Interest $16,250

    = a profit of $29,510 – $16,250 = $13,260 (income less expenses)

    This is the combined profit, so you should divide by 2 if you own the place 50/50.
    You will each have a income from property of $6,630.

    This is added to other income. If you have no other income you will not pay tax, but since Troy has other income he will be paying extra tax on this. maybe around $2,000 in extra tax.

    But wait, there's more.

    You haven't included any insurance, rates, repairs, management fees, travel, depreciation etc.

    All this will be included in the costs and will reduce your profit. The less profit the less tax. If the profit is negative then you will be negative gearing and Troy can save some tax – but you won't as you don't pay any. But it is unlikely your expenses will be large enough to offset the profit in full, so you may have to pay a bit more.

    Incidently, if you had used a discretionary trust you could have reduced the tax to probably nil. The trust could have distributed all the profit to you.

    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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    Post Count: 16,213

    You will have to look at the legislation and how 'defacto' is defined for the first question.

    2nd, question is easy – they don't care what happens after you buy the first, as long as you continue living there for the first 6 months.

    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 - 9,081 through 9,100 (of 16,328 total)