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Hi
I am not a lawyer, but will offer the following comments
1). Not sure. If the trust is sued, eg. by a tenant, then it can certainly lose its assets. The benefits are more for the portection if an individual sued, the individual doesn’t own the trust assets.
2) You may be cover by insurance in most instances, but not all. eg. there is one case where a person playing golf hit a person and was sued. He was not covered by insurance as it was a charity open day at the course.
another example. you are over a bit over the limit and smash your car into a pole. Council sues you for damages, but you are not covered by insurance as over the limit, or what if you hit a person. You may deserve to be sued in this case.
3) Trusts can claim depreciation. If you have a hybrid or a unit , then you own the units. These are ‘property’ and can be at risk if you are personally sued. But usually the trustee will still have the discretion where to distribute the income – with the HDT, not with the unit trust. You would also be the appointor of the HDT so you can control the trustee.
Terryw
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If a bank foreclosed, they will have a judgement on the owner for a certain amount. If they sell and their is money left over, this goes to the borrower. If there is a shortfall then they will go for further legal action to recover the extra amount (including costs), they may then be able to sell further property, garnish wages, or maybe even bankrupt if the amount is big enough.
Terryw
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Originally posted by L.A Aussie:I am not sure, but I think that unless there is an income from an investment you can’t make a claim for a tax deduction. This is probably why there are no tax deductions on vacant land that has no income I suspect.
Marc
You can certainly claim interest on vacant land – in certain circumstances. But I think you are correct with the other. If the expense has no relation to your current job or business, then you cannot generally claim. eg. if you are a hairdressor and study to be a cook, this cannot be claimed. Same with investing, if you want some shares, but haven’t got anyyet, then I think you could not claim expenses.
Terryw
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Which state are you in?
In mosts states you will have to issue a notice to vacate, if they don’t leave then you can evict them – with a court order. You can also get an order for money owed and maybe go after them a few years later when they are working and back on their feet again.
Terryw
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I am not a client, but would recomend Richard. He certainly knows a lot about property – which is very rare for a fin planner.
Terryw
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You may not go broke making a profit, but you may be able to do a lot better.
This is not a small unit is it?
If there is no CG potential, then I cannot see the point in buying such a property. making $50 (eg.) per week for 100 years may not be worth the effort. Think about the effect a rate rise or a major repair will have. Also think of the opportunity cost – what could you have done with your money instead. Also what about your borrowing capacity being used up too.
Terryw
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I have 101 and the kids one. Hven’t played them much because of the time it takes, and lack of willing partners. They are pretty expensive games and are very americanised.
Terryw
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The best book i’ve read on PI is Peter Spann’s.
Terryw
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You can get 100% loans for investment properties too.
Another option is to buy an owner occupied, move in (and maybe claim the grant) and then move out and rent it. This can mean you may be able to avoid CGT as well as claiming deductions.
Terryw
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Some lenders also offer 100% finance for the purchase of investment properties – eg. St George.
Terryw
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The 6 year rule is part of the Tax Act, ITAA 1997:
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.htmlTerryw
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Hi Bridge,
it is under s118.145 of the Income Tax Assessment Act 1997:
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html
Terryw
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PI will grow equity quicker, but it would be more efficient to pay any extra funds off your home loan as this is not deductible.
Terryw
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Richard, I think Carlin was implying he had to switch loan types to one with a higher rate.
Carlin – is that correct? I think the rate is a bit too high. Depending on the loan amount you should be paying around 7.37% with a major bank on one of the propacks. And Bankwest offer the Lite Plus home loan at around 7.35% – from memory, with 100% offset.
Terryw
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Dino
Not always.
You may still have to pay CGT on your own home. Depends if it is more than 5 acres and if you have run a business at your home amongst other things.Terryw
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Hi
What she could do is get a loan of up to 90% of the value of the property. This can then use this as 20% (or 10% etc) on a few other properties.
eg. if it is valued at $300,000, 80% of this is $240,000. This can be in the form of a LOC.
She then goes out and finds another property valued at $300,000 and gets a $240,000 loan on this and then uses $60,000 deposit from the LOC.
Terryw
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I think option 1 sounds good. You can increase your tax deductions and sell at a different time when the market is higher.
Terryw
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Hi
Why do you say you should have looked for postive cashflow property instead when you have done well from what you have done?
Selling investment property means you will have to pay CGT and there will be costs with agent’s fees and legals etc.
If you then use the funds released to pay off the home loan you will be saving interest (which is not deductible).
So you should do some calcs and see how much you will have to pay and how much you will be saving.
Once you have sold these and paid down the home loan you will also probably want to buy some new properties and this will mean more stamp duty and costs etc again.
I don’t think it is a good idea to sell one and pay down the loan on the remaining investment property, even if this will mean the property becomes cashflow positive. As this will mean your tax deductions will decrease while your non deductible debt remains high.
Terryw
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Your PPOR is the only tax free asset you can have. Not having one can mean you pay more tax in the end. I am all for having a PPOR, but not living in it – are you aware of the 6 year rule where you can rent out your PPOR and not have to pay CGT while being able to claim all expenses while it is rented?
Terryw
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You just have to keep on saving hard and to try to add value while reducing expenses and maximising rent.
Terryw
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