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  • Profile photo of TerrywTerryw
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    You would have to pay CGT on the sale of any investment proeprty, but not your former home – usually anyway.

    Terryw
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    Profile photo of TerrywTerryw
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    A joint venture is just two or more parties doing business together. These sorts of things are best done with somesort of document outlining the roles and responsibilies of the parties. Look out for what sort of things could go wrong, and paln for them. eg. what if one party wants out in year 3, do you sell the property, sell your half to the other or sell to a third party. These are the sorts of things that can cause rifts between the parties, and you don’t want this to happen, especially with family.

    Terryw
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    Profile photo of TerrywTerryw
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    You need to speak to an accountant, as if your trust has no other income, you cannot get negative gearing benefits – unless you are using a hybrid discretionary trust, and are borrowing to buy units in the trust.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Shares and business.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    maybe also check out http://www.chrisbatten.com.au

    Terryw
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    Profile photo of TerrywTerryw
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    I don’t know if there are any exemptions for ‘developers’. I suspect it may be transferring 50% ownership = 50% stamp duty. ie stamp duty on the transfer amount (actually this may not = 50% of the stamp duty on the total).

    Terryw
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    Profile photo of TerrywTerryw
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    For some reading material on this, see:

    Lawcentral.com.au newsletters

    http://law.ato.gov.au/atolaw/view.htm?locid='TXR/TR20064/NAT/ATO

    http://www.taxlawyers.com.au/Publications/New/TR2005_D15.pdf

    Terryw
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    Profile photo of TerrywTerryw
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    There is a possible way to do it without CGT and stamp duty.

    Buy the original property in a discretionary trust.

    Once the project is finished you can split the trust into two (or 4). ie a new trust is cloned. Each trust needs to be identicle with the same appointors.

    Each trust will hold one (or 2) property.

    Each party will then control each trust separately. The appointors can usually be changed after the splitting without resettlement issues.

    You will need expert legal advice to get this right as you could be hit with both CGT and SD if you do not do it properly.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Kim
    Sounds like you may have been to westpac?

    You must have a hybrid discretionary trust??

    Many banks have a problem with these because the title is in a name different to the loan. Some that will do it include: St G, Macquarie, Bankwest, ANZ (sometimes).

    Which bank are you with?

    If you hybrid is properly set up and the loan is properly set up most accountants are of the opinion that you can claim the interest against your personal income as you will be borrowing to buy income producing units in the trust.

    If you take out the loan in the company name, then you will not be able to claim the interest, but the trust will.

    Terryw
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    Profile photo of TerrywTerryw
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    Richard has outlined it clearly, but I would suggest looking at getting your valuation as high as possible.
    This may cost a little bit more in stamp duty, but could save your trust more in CGT if the property is ever sold. It will also help you borrow more.

    Terryw
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    Profile photo of TerrywTerryw
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    Yes, you can do it all yourself. I do all mine myself.

    Annual running costs of a trust is just the accountaning/bookkeeping fees.

    Terryw
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    Profile photo of TerrywTerryw
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    Theoretically possible, but if you are conducting it in a business like manner, then you cannot claim the proeprties as your PPOR (or get the tax exemptions) – or you are not supposed to. You may get away with a few though.

    But if you were to claim B as your main residence, then you will lose the exemption on your main one for the same period.

    Terryw
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    Profile photo of TerrywTerryw
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    Just chose a loan without high exit fees!

    Terryw
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    Profile photo of TerrywTerryw
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    Sure, but if non residents ever receive income they will be required to pay tax, and there are different tax issues for non residents.

    Terryw
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    Profile photo of TerrywTerryw
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    A lot of people do seminars, but take no action. The presenter cannot be held responsible for this, surely?

    Maybe it is like trying to lose weight. You can read a book, do a course, but if you don’t try, you won’t succeed.

    Terryw
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    Profile photo of TerrywTerryw
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    I would imagine that would have to be in the contract for you to be charged. If not, how could they justify it?

    Terryw
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    Profile photo of TerrywTerryw
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    You can only claim one place as your PPOR at one time (except for a period of 6 months were you can have two to take into account the overlap between selling and purchase).

    If someone is going to buy a new house to live in, they can chose which one to claim – usually the one that is growing the fastest.

    if you are renting your property, the costs associated with it, icluding interest, can be offset against any income received.

    Terryw
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    Profile photo of TerrywTerryw
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    That is a good situation to be in, but it is too late to set up a trust now. Better seek proper paid advice, maybe from a few accountants.

    Terryw
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    Profile photo of TerrywTerryw
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    You have t be very careful with making a written offer.

    In Australia contracts involving land need to be in writing (eg. CONVEYANCING ACT 1919 – SECT 54A).

    There is no requirement for this contract to be a properly drawn out contract. As long as certain requirements are met (property identified, parties identified, and price = the 3 Ps), the contract could be binding if it is accepted.

    There have been cases where these reqirements were written on the back of an envelope and it was a binding contract.

    Actually, a contract for land can be verbal. However, if it is not in writting, it cannot be enforced.

    for NSW see, http://www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s54a.html

    Terryw
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    Profile photo of TerrywTerryw
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    I’d sent the bill back to the tenant, they caused the breakage.

    Terryw
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