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  • Profile photo of TerrywTerryw
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    @terryw
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    Chappell

    I missed that, would you mind reposting!

    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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    What about finance?

    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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    negotiate vacant possession or they will become your problem.

    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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    CGs are just added to your annual income and you pay tax on this – so the rate will vary according to your income. If you hold the asset more than 12months, then you should be able to get the 50% reduction in CG 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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    In Most cases the main residence will be exempt from CGT on sale. I know of no restrictions on who you can sell to – other than you must pay stamp duty etc at market rates.

    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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    have you considered getting both PPOR and rental?

    You could purchase a property, move into initially and then out again. Rent it for up to 6 years claim all deductions and still not have to pay CGT if you do it properly.

    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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    My interpretation is that you can have 2 houses as your main residence for a period of 6 months, with overlapping ownership, if you are moving from one house to the other.

    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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    It just comes down to minimising the expenses and increasing the rents as much as possible – and taking advantage of tax deductions.

    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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    You can claim a place as your main residence after you have lived in it first. You can still treat it as your main residence while not living in it and renting it out, but only for up to 6 years. If you move in and out again, then the 6 years starts again from the date you move out. Have a look at the Income Tax Assessment Act 1996, section 118-145.

    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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    Good points Linar. And you could still have a main residence rented out elsewhere, CGT free.

    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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    Hi Fishky

    From what you have written It seems that your parents are trustees. They are the legal owners. The beneficial owners are the beneficiaries which you indicate are your children. So if you want to access the equity, then the trustees will need to borrow. It is still possible (depending on the wording).

    If you can scan the deed in or fax it to me on 1300130010, I can take a look at 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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    Negaitve gearing is when you borrow to invest and the expenses are greater than the income received. Usually this is only done if you think there will be a capital gain.

    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 need to live in it first, as Tony mentioned, but the legislation does not give any minimum time frame that you must be in it before moving out, see
    s118-145 for absences:  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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    Generally you can only have one main residence at any one time, so if you claim the main residence CGT exemption on the one you are selling you cannot claim the new property as your main residence at the same time.

    But if you limit the cross over to 6 months, you may get the CGT exemption on both properties under s118-140 of the ITAA 1996, http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.140.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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    caveat loans will be expensive – around 5% per month It will be hard to get a loan otherwise without a job You probably need a private type investor – share the profits if necessary.

    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, but you would lose the CGT free status of your house, have to pay stamp duty on the transfer and land tax each year (possibly). The house may be negative geared initially, but this will change as rents increase so you will be paying extra tax that you would otherwise not have had to pay

    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 I can have a look at the deed if you want?

    I doubt that the children are the trustees? Especially if they don't exist!!

    They are probably beneficiaries, but if they didn't exist at the time the deed was made then there must be other beneficiaries 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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    Most people probably do this for other than financial reasons – location closer to work etc.

    But there may also be good financial reasons such as claiming negative gearing benefits on  your home while paying cheaper rent. ie you may save a heap of tax for a few years and then be able to move back into your house and avoid CGT completely.

    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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    Looks like they are locked into a binding contract. They may lose more than their deposit!

    (all because they did not notify the other party within the agreed timeframe)

    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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    Interest in advance is when you pay the interest upfront. It is usually done in June with 1 year's interest being paid upfront. This helps you claim a larger tax deduction this fin year – but means less of a deduction the next year so be careful.

    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 - 10,481 through 10,500 (of 16,328 total)