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  • Profile photo of drgraemedrgraeme
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    @drgraeme
    Join Date: 2005
    Post Count: 15

    Yes, this is true. Handed over does mean you no longer own them or are responsible for their upkeep.   No we've established that are they written off or depreciated?

    Profile photo of drgraemedrgraeme
    Participant
    @drgraeme
    Join Date: 2005
    Post Count: 15

    Hi Terry

    Please correct me if I'm wrong, but upon reading about post testamentary trusts they are useful for distributing income but the capital in the trust is allocated specifically as per government rules.  The asset protection for a discretionary trust comes from the fact that no one owns anything or has any entitlement.  This wouldn't work with a post testamentary Trust???

    Graeme

    Profile photo of drgraemedrgraeme
    Participant
    @drgraeme
    Join Date: 2005
    Post Count: 15

    Thanks Terry

    Most appreciated :-)

    We can protect the property in the company OK, but was mainly interetsed in diverting the business revenue into a protected structure.  the business could easily be transferred to a trust which can allocate the profits so that should be OK.  It's a good time to do it now becuase the balance sheet is not that impressive at the moment, but future profits will be substantial and have to go somewhere.

    I'm not out to defeat creditors, just have less vulnerable in case some skumbag wants to sue me.

    It is impossible to change the will.  Maybe I haven't been thinking simply enough. I'll let one of my protected structures use the property as collateral and the funds go into the protected structure fully tax deductable.  Then I'll let the bank add the property as security for every other loan in my portfolio.    I'll own the property, but make it cost twice what it's worth to discharge the mortgages:-)

    Graeme

    Profile photo of drgraemedrgraeme
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    @drgraeme
    Join Date: 2005
    Post Count: 15

    Hi

    For all who have asked I've just put my Dymphna  course on Ebay.  There are 15 DVDs and a folder of course notes.  Do a search for Dymphna on Ebay and you'll find it.

    Graeme

    Profile photo of drgraemedrgraeme
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    @drgraeme
    Join Date: 2005
    Post Count: 15

    Robbie that was shameful the way you were responded to.  Good luck with your endeavors.

    Profile photo of drgraemedrgraeme
    Participant
    @drgraeme
    Join Date: 2005
    Post Count: 15

    I brought a seminar workbook and the a heap of DVDs of a Dymphna seminar off eBay.   It's all pretty sound stuff and reasonably thorough, but it's nothing I haven't heard before. 

    However, for someone a bit newer and less well read it would be a good start. 

    Paying a couple of hundred on ebay is cool, but I wouldn't bother "investing" in a seminar.  You could buy a hell of a lot more knowledge for the price.

    Graeme

    P.S.  if anyone emails me I'll put the stuff back on ebay  [email protected]

    Profile photo of drgraemedrgraeme
    Participant
    @drgraeme
    Join Date: 2005
    Post Count: 15

    This is my experience with NGB so far. The saga is ongoing.

    I have had a building designer prepare a multi unit development. He has 30 years experience and is very respected by local builders for designing buildings that are easy and economical to build. The designer prepared me a detailed estimate of costs based upon his experience with similar projects.

    National Builders Group (NGB) was an excellent candidate as a builder because their local builder has an excellent reputation, and apparently through their buyiing power they get quality materials at a considerable discount.

    I approached NGB, their estimator checked out my plans, and they said they would be happy to build them. I was asked to pay $750 to cover the prepatation of the quote, but that money would be credited towards the building should I go ahead. As there would be a lot of work in preparing the quote, and they should be able to provide a very economical quote this seemed most fair.

    We provided NGB with a set of working drawings, soil tests and the engineering stuff. They were instructed to specify them to closely match their own specifications, as this should be ecomomical.

    I was originally promised a quote within 28 days, but then that became 28 working days after their builder checked out the site costs (which took about a week, and even then there was a delay because they wouldnt send me the quote directly, but rather we had to organise their sales rep to meet with me.

    Their quote was horrendous, being approximately over 25% more than the my designer estimated the locals would do it for. According to NGB it costs nearly as much to build a simple 10sq 2br, one bathroom unit with a single garage as it does to build one of their 28 sq 4br, 2 bath room display houses with a double garage and spa.

    Naturally I have challenged this, and suggested to NGB that they have not acted in good faith, and should either give me a fair dincum quote or my $750 back. The response has been smugness and indifference.

    Other reputable builders are preparing quotes, and when they are in I will have the evidence either to confront NGB with, or that my very experienced building designer was 25% out in his estimates and it really does cost nearly as much to build a simple 10sq unit as it does to build a 28 sq display house.

    When all the evidence is in I will document it in a new post.

    Profile photo of drgraemedrgraeme
    Participant
    @drgraeme
    Join Date: 2005
    Post Count: 15

    Very sorry,, I just read my post and realise the thax deductions are $5k, but the credits amount to $15k.

    This makes the actual cost to the purchaser of $188k.

    Would an arms length purchaser get a CGT base of $200k (the contract purchase price) when it effectively only cost $188k ??

    Could Person A get a $5k tax deduction while the trust gets $15k towards the purchase price?

    Graeme :-)

    Profile photo of drgraemedrgraeme
    Participant
    @drgraeme
    Join Date: 2005
    Post Count: 15

    That’s really sad. I was listening to a great CD the other day by Rob Balanda of http://www.clausesmadesimple.com In hind sight how easy would it have to pay a few dollars for his Joint Ventures kit and found out that the partner who hasn’t got his/her name on the title should protect his/herself by logding a caveat on the title. The partner then could not have sold it :-(

    Profile photo of drgraemedrgraeme
    Participant
    @drgraeme
    Join Date: 2005
    Post Count: 15

    That’s interesting advice- don’t lodge a tax return for years?

    Rick Otton talks about doing second mortgage carryback on properties that he turns over quickly which means that profits would be trading profits taxed in full, not CGT.

    Any other suggestions?

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