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It may be difficult to get the block now, but if you all stick together you can make it hard for the developers. I myself rescinded a contract for a unit I purchased off the plan after the sunset clause had expried (didn’t go up in value enough), and the developer could not do anything about it – they had to send back my deposit bond.
Terryw
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you can live away from your home for up to 6 years and still class it as your home even if renting it out, and it will be CGT free if sold. This also apparently applies to the new VTT.
It is section 118-145 of the ITAA. or see TD 95/9.
Terryw
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Yeah, stamp duty and CGT would be payable, and probably legal fees. It may be better to just leave them as is and buy any future properties in a trust.
If you a sued, the assets held in Trust are usually untouchable – as they are not your assets. The ATO is looking as various schemes related to trusts such as the refinancing princple (where you can claim deductions for things that are usually not dedcutible) and renting your home from a unit trust that you are trustee of. In general, I don;t think they have any problems with Trusts.
If your trust income goes into negative, then this is quarrantined in the trust to be offset against future income, ie you cannot distribute a loss. Hybrid trusts can get around this.
Terryw
Discover Home Loans
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Also, read up as much as you can before you go, so you can follow and understand what the advisor is saying – you don’t want it all going over your head.
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
Say each property returned $2000 pa after expenses (or $38 pw). then you would need 50 of these properties to get $100,000 pa income.
You shouldn’t have to worry about future inflation etc as the rents will hopefully keep rising, so just calculate in todays figures – as Yack suggested.
Terryw
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Hi Dom
I think you post sounds a bit confusing.
If you are selling two properties and buying one new one ot be your PPOR (have I read it right?), I would put down all my cash on this property first rather than paying off an IP loan. Even if you are on a low income, it is still better to save tax if you can – and your circumstances may change. Putting down a large deposit would mean you will not have to cross collateralise.
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
The University of Western Sydney also used to run short courses on this subject.
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
have a look at http://www.taxlawyers.com.au/ for starters
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
Probably nothing as you are not running a business from the house. You may be able to claim a portion of the heating and lighting etc. please check with an accountant as the ATO has been tightening up on this area recently.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I have three loans with Colonial and have not heard of this policy. It may be wish to check with a few different people, as you tend to get different answers each time you talk to someone different.
I am sure you can just fill in a form, release of security, and pay a small fee and they will do a valuation and release it if the values come in ok. Maybe you could tell them you are planning to sell the property.
Terryw
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Some banks will take valuation price for LMI calculation purposes. One of my clients was able to get a 95% loan with no mortgage insurance because the property valued at about 20% more than pp.
Terryw
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I guess the ‘sunset period’ has expired?
Some developers deliberately do up contracts with so that they can do this. I don’t know what you can do about this unfortunate situation.Terryw
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There is still plenty of cheap stuff around in Sydney. You can get units in Campbelltown for $150,000.
Terryw
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Yes you could use the equity in a lease optioned property and the bank will still want to use the property as security. You just have to be careful not to borrow more than the purchasers will end up paying you. or they may be in trouble if you are foreclosen upon.
Terryw
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There’s not much he can do really. If he hasn’t got much of a deposit, then he won’t be able to get a loan. he will need at least 10% (plus costs) for a low doc loan (with a very high rate). I would suggest vendor finance.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I agree, if the finance date has passsed and they haven’t backed out it should be unconditional. Talk to your solicitor first thing.
Terryw
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It should make a difference on deductibility of interest if you go as your broker suggested (If I have read you posts correctly). As Simon said, if you withdraw equity from you IP, you won’t be able to claim this extra interest as it is for domestic purposes.
It may be a good idea to rent for 6 months anyway. Since your from out of town, it would be good to get to know the area.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Originally posted by Julia:JLtara,
Section 104-15(1) of ITAA 1997 states that a CGT event happens when the owner of a property enters into an arrangement with another party to allow them to live in the property and title may transfer at the end of the arrangement.Hello Julia.
Thanks again for an insightful post. Do you think the above could be applied to a lease option arrangement?
Terryw
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Found it. please have a look at
http://law.ato.gov.au/atolaw/view.htm?locid='CGD/TD51/NAT/ATO‘CGT Determination Number 51
Capital Gains: What factors are taken into account in determining whether or not a dwelling is a taxpayer’s sole or principal residence?1. Whether a dwelling is a taxpayer’s sole or principal residence is an issue which depends on the facts in each case.
2. Some relevant factors may include, but are not limited to:
(i)
the length of time the taxpayer has lived in the dwelling
(ii)
the place of residence of the taxpayer’s family
(iii)
whether the taxpayer has moved his or her personal belongings into the dwelling
(iv)
the address to which the taxpayer has his or her mail delivered
(v)
the taxpayer’s address on the Electoral Roll
(vi)
the connection of services such as telephone, gas and electricity
(vii)
the taxpayer’s intention in occupying the dwelling
The relevance and weight to be given to each of these or other factors will depend upon the circumstances of each particular case.
3. Mere intention to construct a dwelling or to occupy a dwelling as a sole or principal residence, but without actually doing so, is insufficient to obtain the exemption.Terryw
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I’ve done something similar and it is a good strategy as it is cheaper to rent than paya mortgage on an equivalent property. Have you considered factoring in the 6 year rule for CGT expemtion? You can rent out your PPOR for up to 6 years without paying CGT when you sell. That means you may be able to keep your existing home and borrow against it, then sell it later on without paying CGT. Or sell your current home, move into a new one short term to establish it as your PPOR, then move out and rent it out – and still claim it as your PPOR..
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



