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data bases are not like rent rolls. a rent roll is a business you can transfer. a database is a list of names which were collected for one reason or another, usually without the expectation that the details would be sold to third parties.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Consider a buyers agent?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks Bjoern.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Bjoern, what is the fee that this mob charge to sell you a property? Did you ask them how much the commission they also receive on the sale from the developer?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Good work Bjoern. beware of sales people using the word ‘mentor’
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You should aks your accountant 2 questions:
1. Why
2. Are you wanting me to spend $10,000 to get back $1000?and maybe a third
3. Are you an idiot?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If off the plan you have the ability to settle in different names than the contract and do so without extra stamp duty. get advice on s42 Duties act wa.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No thanks.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
in WA transfers can be made without duty where the property goes from 1 spouse to both spouses equally if the property is the main residence.
Plan ahead for some strategies.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
leads for what? Selling property, broking, tax?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could put money in an offset at any time.
Keep in mind you would want any cash in the non deductible home loan. Even though the interest may not be deductible now for this property, it can be used to reduce CGT upon sale.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
1. Wouldn’t have advise that you do it like you did. You are both exposed by going on the contract jointly. OTP is very risky and if you cannot settle you will both be sued. You could have done the contract in one name and then settled with 2 on title or 1. More flexibile and less risk.
All owners need to be on the loan, but where 1 owns both spouses can be on the loan (with some banks).
2. Consider saving tax now v paying more later. There should be a profit at some point.
3. Forming a trust may not be the way to go, especially where land tax will apply and where there will be a loss. but if suitable future purchases could be made via atrust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
1. impossible to answer without information. Keep in mind negatives tend to become positives (otherwise no point in investing)
2. Only a legal owner can mortgage the property. I think you mean ‘loan’ here. Yes with some lenders – but should you?
3. If you are spouses the interest may be deductible to the legal owner even if both on the loan TR 32/93 paragraph 6. But you should enter into a formal loan agreement so the non owner spouse on lends the owner.
4. see 3 above.
Best to get some tax advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks D.T.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
wow, great posts guys.
D.T. do you find properties for buyers – like a buyers agent?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
it will vary depending on whether you are living in it or not. It would be unusual to have no rental income unless you are living in it.
You could have deducted the capital works costs if it was a rental and the property structure (etc) was built after a certain date – 1997 i think. In this case it needs to be added back when you sell, even if never claimed.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
even if you do not claim the depreciation it would needed to be added back for CGT purposes. It is only the capital works deductions too.
Why not call BMT or depreciator describe your property and they will tell you if they think it worthwhile getting one.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
no.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes CGT would be assessed at market value.
What state is the property located in?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Seems like a complex question only a good tax accountant who really knows the ropes can answer :(
Thanks for the help anyway.
So to clarify on the CGT, if I transferred 50% to her I would cope a CGT event, and then if we sold it in say 12 months time and it went down, she would get a capital loss??? Not exactly a great outcome, though in the current climate it could happen and would be my worst case scenario.A tax agent or lawyer would be the person to get this advice from.
If you sold 50% to her and she later sold this 50% for less than the cost base there would be a capital loss.
What are you trying to achieve with setting things up like this and planning to change mid stream? Or have you already settled on the property?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



