If you hold property more than 12 months then your get 50% discount on CGT. So if you are in the top tax bracket, then you could only pay a max of 25% CGT after the discount.
Why not use a trust next time. That way you might have a choice of paying tax yourself or distributing it to a company.
Terryw
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1) Yes
2) Trustee would have discretion, but to claim a deduction you would have to show that you were investing money with a few of getting an income. If you are not getting any distributions, then the purpose of your investment is in doubt. Not sure if all the mone would have to go to the unit holder though.
3) Not sure
4) Not sure, but the units could possibly be redeemed before the sale, and then the gain could be distributed to any beneficiary
5) Trust could redeem the units, and it would then be a discretionary trust with income being distributed as trustee see fit.
6) Units need to be created at purchase. You will be borrowing money to buy these units.
7) I’ve heard overseas residents pay something like 30%+ tax with no tax free thresholds. A quick check with the ATO site should reveal. If just buying shares, then no. Shares are not risky in the sense of the owner being sued, but various things can go wrong with a property and the owner could be sued. (eg. tenant dies from faulty electrical wiring which you hooked up)
9) The trustee can be changed, and I beleive the company could be setup later. But this will require loans to be amended, and title deeds changed etc – nominal fees.
10) Your home is your only CGT free asset. Better to keep in in your name I think.
11) For a good accountant based near Sydney, I would recommend Coastymike of this forum. Mike is in Gosford.
Terryw
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There are various issues to be aware of when borrowing money from your company. If not done correctly, the money could be deemed a dividend at the end of the year. Please check with your accountant.
Terryw
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What about buying your home, lving in it for a while, then renting it out. that way you have the property, claim the deductions, and still have it CGT free for up to 6 years.
Lease options are similar to wraps, but are preferrable to wraps, for me anyway, because:
– less problems with finance
– can be structured in many ways
– can still access equity
etc
If you stop being a resident of Australia (for tax purposes), then you are taken to have disposed of certain assets. I think that land Australia is exempt, but land outside of Australia isn’t. eg.
If you friend owned land in NZ and was a Australian resident, then ceased to be a resident, then the ATO will want CGT paid on the NZ land value on the date the person ceased to be a reisdent.
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Another thing to think about is if they are going to be borrowing money via the trust. It is usually the trustee that has to guarrantee the loan, therefore having just one trustee will mean they are the ones taking the risk in this regard too. Not good risk-wise and not good from a serviceability point of view either.
Richard is wrapping professionally as a business, whereas I only dabbled in a few. It certainly can work, if you are prepared to put in the effort.
I did purchase Steve’s wrap kit and think you probably should buy this if you are serious.
I think the biggest hassle is the quality of the tenants. Some just don’t want to pay occaisionally. Others are always late etc. You have to factor this in and develop strategies to avoid it.
When I did it the market was growing fast. Most of mine had cashed me out within 2 years, and their properties had doubled almost. I therefore missed out on most of this capital gain in return for a relatively small positive cashflow. I had a small profit and could have purchased more properties to replace those ones, but the market had jumped so much, it would have required a much larger deposit to get back into the market – eating up most of the cash released.
Now the market has slowed, so the cashouts should take much longer to occur.
Other things to think about are:
– difficulties in borrowing
– bad publicity
– legally smart wrappees who may take you for a ride.
Technically you could have to disclose the whole debt to the lender on each loan application. Even if the loan was split in to two, you each would be responsible for the whole loan if all the other 3 decided to stop paying.
Having a trust etc, would not help in this regard.
From an equity POV, the place is owned by all 4, so if you wanted to use this proeprty as additional security for a new loan, all 4 would have to consent. This would also reduce the equity left over for them to use.
It is a messy situation that many people find themselves in, including myself.