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  • Profile photo of TerrywTerryw
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    @terryw
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    Maybe contact the

    Tenants Union of Victoria http://www.tuv.org.au/homepage.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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    The problem will probably be that you have a company as trustee. That means the legal owner will go on the title ie company, but the loan needs to be in the name of the unit holder. That is the main problem that banks have = loan in a different name to the title.

    St George used to be ok with this – but I haven't run across a HDT for a while now so not sure if they still do.

    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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    Hi Peet

    I think it would work like this:

    Base $100,000
    Sale $240,000
    Gain $140,000
    50% discount on CG if held more than 12 months = $70,000

    But only half is sold so 50% of this is $35,000

    This goes on the top of the taxable income of the person who sold it. But don't forget other costs such as legals on buying and selling and stamp duty can be taken off the profit, before the discount.

    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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    On the title deed the name of the legal owner appears. This is the trustee. The name of the trust doesn't appear on the title – just usually on the contract and loan documents 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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    Peter Spann's book is great.

    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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    Hi Mick

    Have a look at any first year law textbook on contracts such as "contract Law in Australia" by Carter – btw you can pick up very cheap books in the 2nd hand uni bookshops.

    It looks like contracts for land must be in writing and must contain the following essential terms (the 3 ps)
    – Parties
    – Property
    – Price

    The document must also be signed – signatures can be in many forms too, eg. a secretary signing on your behalf in front of you.

    All these requirements need not be on the same document too, they could be spread out over a few documents of different dates.

    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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    Hi

    I guess the answer depends on your view of the market. Do you think prices will rise in the short term or fall? I am inclined to think that Sydney prices will rise as rents are going crazy here atm. This should push up prices – or rents at least. You seem to be getting a pretty good yield as it is too.

    if you can handle the repayments and don't need the money at the moment, then work out what it is costing you per year and estimate if the expected growth will exceed that.

    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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    Hi Anne

    Sounds  a bit vague doesn't it. Some of Spicers books are years old now and tax rules have changed. Some of the stuff which he promotes or hints out would be illegal too – eg hiding income in tax havens and not declaring it.

    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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    The problem with land is that you do not get any income – so you will be limited in the number of blocks you can get.

    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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    Yes, it does seem pretty good. thanks for the post

    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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    You can't have you cake and eat it too – unless you go No Doc – which are few and far between for commercial.

    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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    What about St George – they used to do 100% loans.

    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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    Yes you certainly can claim interest on land if you are intending to build a rental property. You can claim all the usual costs too such as rates etc.

    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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    Hi Anthony

    Thanks for your comments. You make some good points. I will have a look at that ID you mention and would appreciate it if you could send me a copy of what you have from the ATO.

    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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    Gibbo. did you learn much by doing the course?

    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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    btw have a look at the pdf files on http://www.bantacs.com.au. there is a lot of info there on this sort of thing.

    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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    You must be in QLD as that is the only state (i think) where the stamp duty varies depending on the purpose.

    How bad is the property, could you 'live' in it while renovating. Do you have another proeprty which you will be claiming as the main residence at the same time? Maybe have a look at the OSR website in QLD and see what they say about defining intention and investment.

    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 studied property law last year and from memory you need to be in possession of the property for a min of 12 years and there aer some other conditions such as the possession must be open, not secret etc. I can look up my law books if you wish.

    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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    Trusts can distribute to other trusts, so having a business in one discretionary trust and the house in another is a way to maintain separation of assets and offset losses.

    The ATO doesn't seem to like people renting their house from a unit trust in which they are the unit holders.

    see TR 2002/18 Income tax: home loan unit» «trust» arrangement

    "Having regard to the eight factors in subsection 177D(b), a reasonable person would conclude that the sole or dominant purpose of a person or persons entering into or carrying out the scheme is to enable the taxpayer to obtain a tax benefit. Part IVA will therefore apply to deny the deductions claimed by the taxpayer. "

    http://law.ato.gov.au/atolaw/view.htm?rank=find&criteria=AND~unit~basic~exact:::AND~trust~basic~exact:::AND~main~basic~exact:::AND~residence~basic~exact&target=EA&style=html&sdocid=TXR/TR200218/NAT/ATO/00001&recStart=1&PiT=99991231235958&recnum=19&tot=72&pn=ALL:::ALL

    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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    see http://www.tenants.org.au/publish/links/index.php for a link to a union in each state.

    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 - 10,081 through 10,100 (of 16,328 total)