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  • Profile photo of TerrywTerryw
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    @terryw
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    Smarter to rent in many cases. You can still claim your sydney home as the main residence for 6 years and get deductions on everything, and not living in your gold coast home means you can claim everything on that too.

    But all this will depend on loan sizes and incomes etc.

    Terryw
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    Profile photo of TerrywTerryw
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    Looks like they have only looked at 176 loans, Not many in the scheme of things, but this figure will obviously increase.

    Also seems the ATO is especially looking for people who have not lodged returns at all.

    It looks like No Doc loans are going to get much more popular in the next few years.

    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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    @terryw
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    You could try and locate Lewis O’brien in Melbourne. He is the wrap expert down there. Sorry don’t know anyone in Canberra. Tony Cordato in Sydney may also be able to help, http://www.businesslawyer.com.au

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    I think having a HDT is very good. As you say it can run as a normal discretionary trust until needed. There should be nothing extra at tax time until it starts issuing units.

    Which website did you read about HDTs being a grey area? Recently Lawcentral have been promoting them, and http://www.bantacs.com.au have given them the thumbs up too, they did have some reservations before.

    But as more and more people start to use them, it could get the ATO interested in looking at them closely. So just make sure you set up correctly with a good accountant.

    (I have seen clients come to me with big problems, including loans in the wrong names for properties in the HDTs)

    Terryw
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    Profile photo of TerrywTerryw
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    You will have to ask the bank. Generally loans must be in the same names as the title of the property, but with spouses there can be exceptions. Not sure of ANZ’s take on this tho, probably would have to be in both names. Either way you partner would have to give income details etc as if they were not on the loan, he or she would have to guarrantee it.

    Terryw
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    Profile photo of TerrywTerryw
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    They just need a list of all your expenses, all your loan costs, and all your income.

    Also they would need to see any depreciation report done by a quantity surveyor.

    Terryw
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    Profile photo of TerrywTerryw
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    I did this a few times last year when I was in Thailand. Its amazing isn’t it – free international calls.

    Terryw
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    Profile photo of TerrywTerryw
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    What! quit your job?

    There is still a point in claiming things, even if you have a loss as the losses can be carried forward.

    If you set up a trust, you won’t be saving tax, but you will be protecting your assets, and the trust may also assist in reducing CGT down the track if you happen to sell when you have income. It adds flexibility.

    Trusts can carry forward losses too.

    Terryw
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    Profile photo of TerrywTerryw
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    I have just started doing my own tax again after many years. It is a great way to learn taxation issues.

    Nats, if you are a bit worried, why don’t you do everything yourself as if you were going to lodge it, and then give it to your accountant. See how you go, if the accountant doesn’t pick up anything you have missed, consider going on your own next year. Thats what I did for a few years.

    Terryw
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    Profile photo of TerrywTerryw
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    I have done both, and agree, LOs seem better for a number of reasons as you mention.

    I think previously people wrapped as the ‘tenants’ were able to get the FHOG straight away (in some states anyway). Don’t know if this is still the case.

    Terryw
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    Profile photo of TerrywTerryw
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    What state are you in?

    I was suggest you just go to a solicitor that specialises in this area for teh paper work etc.

    I suppose in the meantime, you just have to consider the structure and figures. ie are you going to lend them the deposit, so the title changes into their name? Or are you going to let them pay it off in installments? etc

    Terryw
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    Profile photo of TerrywTerryw
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    plenty of time, just ask your bank.

    Terryw
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    Profile photo of TerrywTerryw
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    @terryw
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    It should be possible to do, within limits. And as Simon says, the ATO Commissioner has the power under part IVA to disallow a deduction if it was entered into with the dominant purpose of saving tax.

    So, just refine your strategy a bit. Maybe charge a rent similar to market rent – get a rental income appraisal from an agent, tell them you don’t want it too high.

    Maybe also don’t rent each others homes directly. Have another family member on the lease, to create some distance.

    And, you may still be able to get the CT exemption if you live in the house briefly first, and then rent it. You can do this for up to 6 years and claim the rent and face no CGT if you do not claim another house as your main residence during the same period.

    Terryw
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    Profile photo of TerrywTerryw
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    Just did a google search and found him, but it appears his firm has merged with deloittes:

    http://www.deloitte.com/dtt/press_release/0,1014,sid%253D5527%2526cid%253D30737,00.html

    Terryw
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    Profile photo of TerrywTerryw
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    Funny you say that, my accountant used to sit on mine for at least 3 months every year after I posted it to him. I now do it all myself.

    I have remembered there is a good accountant in Canberra called, Tony Commiso (or similar). Will ask a client of mine for his details, as I have probably spelt his name wrong.

    Terryw
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    Profile photo of TerrywTerryw
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    Must have been Westpac?

    Most banks treat trusts the same as individuals, with the same conditions and residential rates, and you should not have a problem.

    Terryw
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    Profile photo of TerrywTerryw
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    Rick is very good at wrapping and lease optioning. His materials are good, with loads of information.

    You could be successful if you are prepared to put in the effort, but I think most people who buy these sorts of courses never actually get to implement the material – for various reasons.

    Having the contracts may help, but if you just went to a solicitor who knew what they were doing, then they would have their own contracts anyway.

    Terryw
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi Romina and Luca

    You appear to have a little bit of equity, so, depending you your husband’s income, you may be able to buy another property sooner than you think.

    eg. increase your existing loan to 90% of value, this should give you $42,000 extra (in a split loan).

    You may then be able to use this as deposit and costs on the next one.

    eg you next buy another house for $200,000. You get a loan at 95% of the value = $190,000 and $10,000 deposit and $10,000 costs (stamp duty etc) come from the other loan. You will then have a bit of money left over for the renovation.

    Just don’t over do things too quickly.

    Terryw
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    Profile photo of TerrywTerryw
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    @terryw
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    Originally posted by G3ipd:

    Thanks Terry,
    In the following scenario
    Property purchased our company name and/or nominees in the event we can’t get finance through can our nominee (a individual person) continue with the sale and our company exit from the purchase? Do you believe that double stamp duty be liable in this instance…considering this transaction is in NSW?

    I think you have problems in NSW if you are not careful.

    Terryw
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    Profile photo of TerrywTerryw
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    I spoke to a loan assesor at a major bank last week and he said that approx 80% of valuations had been coming in under recently.

    Terryw
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