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Wayne. Yes it starts when you move out and then if you move back in and move out again it restarts! But you can only have one PPOR at one time. So if you are renting now while renting out you other house which was your PPOR, then you may want to consider moving back for a short time in before 6 years is up.
Have a look at Tax Determination 95/5.
Terryw
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Yeah, it restarts again if you move back in, and as Monopoly said, you can only have one PPOR at a time.
Here is an example from TD 95/9 :
Gary works for the Department of Foreign Affairs and Trade and is posted overseas for a period of 4 years. While he is overseas, his post-CGT SPR is rented. On return to Australia, Gary resumes residence in the dwelling for a further period of 4 years. He is posted overseas for another period of 4 years. The dwelling is rented again during this absence. On return, Gary sells the dwelling and elects for the purposes of subsection 160ZZQ(11) for two periods of income-producing use totalling 8 years.
Subsection 160ZZQ(11) treats the dwelling as Gary’s SPR during the two periods of absence. This is because the dwelling ceases to be Gary’s SPR on two separate occasions and the periods of income-producing use have not exceeded six years in relation to each period of absence.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You can keep your family home and rent it out and still claim it as your main home for a period of 6 years. If you sell within 6 years, it will be tax free (you can only claim one home as your main residence). So if you rent it will be good, you can claim all your expenses etc but if you are buying a new home this won’t work.
Refinancing or just increasing your loan would be good to get some more money for investments.
if you sell the home, you would have costs such as agents fees on the sale and then costs again when you purchase a new investment – stamp duty etc.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Peter Spann’s new one is good:
“How to buy $10 mil worth of property in 10 years”Terryw
Discover Home Loans
North Sydney
[email protected]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 would be very hard to get finance for. The bank could not lend on the lend as this would be owned by the caravan park and leased.
You may get some finance on the strucuture, but i beleive it would generally be treated like a personal loan.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Freedomfinder
You could try low docs that are not mortgage insured such as:
Suncorp – 80% LVR soon to change i beleive
ING – 76% LVR
Adelaide Bank – 76% LVR
ANZ 60% LVR etcTerryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I agree that it is generally best to avoid, but if you do have to cross, then you can uncross after some growth without too much fuss.
Also, banks will and do foreclose! They aren’t in the business of selling real estate, but they will do this if you stop paying. It will be up to you to find an alternative lender who could refinance you.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think this should be fine. If you are borrowing for things related to investments/business then the interest on these borrowings should be deductible. I agree with this stategy, for example, if you had to pay $300 in insurance you should borrow the money from your LOC and then put the $300 you would have used off your home loan.
BTW, I have seen an accountant and a solictor suggest that capitalising interest is still possible if done correctly. The ATO has not necessarily banned this as the Hart’s case related to a specific arrangement only.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Take them to the administrative appeals tribunal, you could get awarded that they owe you money, you then put it in the hands of a debt collector – for a small percentage they will chase them and collect for you.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Why not? If it is income producing, then you are entitled to make a claim for these legitimately.
You can also keep claiming it as your main residence and sell tax free as long as you do not rent it out for more than 6 years.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi
It shouldn’t make too much difference wiht lenders. They do not treat singles any different.
A lot of people are married and one of them stays at home not working. This hurts serviceability as the lving expenses are hgih for two people.
I have a lot of clients who are single, and still living at home with parents and are doing well – ie not paying rent helps a lot!
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I don’t think you could claim it as your main residence until you moved in. As you haven’t yet, you could not claim it as your main residence. If you move in now for 12 months, then that 12 months may be exemption form CGT, but the other periods wouldn’t.
To claim a house as your main residence, you must live in it before renting.
Terryw
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North Sydney
[email protected]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
I was of the understanding, that if you lived in your house and then rented it out, you could still claim it as your main house for up to 6 years and hence pay not CGT if you sell within this time.
But if you are renting out a portion of your house while living there, then when sold that portion will be subject to CGT – ie you cannot claim the 6 year rule on that portion.
But I may be wrong (again!).
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Misty
I like your curly questions.
1) I would say you would have to apportion any costs based on area rented out. eg if you have a three bedroom house and rent out one romm, then you could probably claim 1/3 of any repairs relating to the house in general. If something broke in your room, you probably could not claim the repair on that. If something broke in the rented room (eg light) you could probably claim all of that. I also think you can work out your claim based on the floor area of the rented room.
If you are doing this, also consider claiming portions of:
-depreciation of jointly used furniture such as TVs, Washing Machines etc
-costs of small items such as tea towls, knives and forks etc
– portions of fittings such as carpet etcBut what out as claiming these things may mean you lose your CGT exemption, so please talk to an accountant.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Freedomfinder
The figures you quote are the maximum exposure levels per client for LOW DOC loans.
That is why I think people should consider purchasing in one name only, especially for low docs. With low docs, a husband and wife buying separately could have up to about $3mil in loans, but jointly only up to about $1.5mil.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could steer your prospective clients to Wide Bay Capricorn Buidling society and also St George. I beleive both will finance small places like yours.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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XXX
If you lived in the house as your main residence, then there would be no requirement to live in it for one year. You could sell after a few months and still pay no CGT. BUT if the ATO suspect you are doing it as a business, then they could still impose CGT.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I just did a loan for someone ’employed’ thru this company, and I did not know they were a contractor – nor did the bank.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, it may be hard to use as security when it is not finished. It is also not worth what you quote at the moment as it is still being constructed, so maybe it would be better to wait.
But, as Simon said, don’t beleive anything a bank manager says without verifying. When I started out, I went for a loan and was rejected because I was part time, so I just left it at that. But if I had asked around, I could have gotten a loan and could have purchased that property – which would have grown in value 4 x.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It appears the reno kings site is diverting to
http://www.renobrothers.com.au/the reno kings are actually at
http://www.renos.com.auTerryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



