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  • Profile photo of Jacqui MiddletonJacqui Middleton
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    CGT works from CONTRACT dates.  Not settlement dates.  So yes.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    I'm going to state the obvious here – you'll want to sell your half to your brother at current market rates, not what you paid for it when you first bought it.  You'll probably need to get a valuation to come up with a fair price, particularly since it is your brother that is buying from you.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    I think it would be a good idea to speak to an insurer about this plan. If something happens with the house during the tenancy, it might only be claimable if landlord insurance is in place, and there might be a requirement for a contract.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    I have a colleague that runs two boarding houses.  They use AAMI for the building insurance, and Terri Scheer for the landlord insurance.  http://www.terrischeer.com.au  I know they've claimed on it, too.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    missmolly72 wrote:
    If I sell then at least I will ahve no debt and over $100000 in the bank and maybe start again in a year or 2. 

    The only problem with that plan is that houses will go up in value during that 2 years, and as such you will require an even larger deposit and stamp duty contribution to get back in…

    I'd hang on if I were you.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Look at houses outside of Melbourne.  Possibly even Geelong or Ballarat. 

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Surburban investments tend to involve land which is the part of the property that goes up in value (apartments are not great because they are just a box that depreciates).

    Why did your friends not have the necessary insurances in place?

    Speak to AAMI about BUILDING and also LANDLORD INSURANCE WITH TENANT PROTECTION.  Understanding the manner in which you can insure your investment will make you feel more at ease.  You can get a dodgy tenant in an apartment just  the same as in a house in the suburbs. 

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Don't know much about Officer.

    Wyndham Value is getting a new train line and accordingly a new train station.  Geographically it is in an interesting spot – within 40min commute of major employment hubs of Geelong, Melbourne and Ballarat.  10mins from Werribee, which is also a mini city in its own right.  So in terms of capital growth, it's well and truly there.  Vacancy rates… well that's a separate question.  The number of vacant rental properties in nearby Hoppers Crossing and Tarneit at the moment is scary.  Simply driving around the area you can see all the "for lease" boards out front of the houses.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Always Interest Only… with an offset account.  Put all spare cash in there. 

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Yep, 25 to 30 years is the standard.

    Many banks will indeed demand a 20% deposit.  But banks are not the only lenders.  For instance, check out Bendigo Building Society, who I hear are offering a higher LVR (Loan to Value Ratio).  Of course, for the higher risk, they will charge a higher interest rate.

    Never pay off more than you have to.  Just ensure your loan has an attached OFFSET account and park any extra cash there.  It holds off the interest, but at the same time, you haven't handed over the cash, and as such can pull it out again at a moment's notice whenever you want.

    Please promise me you'll think beyond buying a box in the CBD.  They do not have the best capital gains.  Consider houses in the suburbs, or even say, Ballarat – where demand is huge.  Land goes up in value.  Houses have it.  Apartments do not.

    While we're talking about the box in the CBD, what's all this about a guaranteed rental income?  Is it a serviced apartment?  If so, search serviced apartment on this site and you'll find you should steer well clear of them.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Why were the pictures taken at night?  It certainly makes the place look darker than it probably is.  Also why are the blue curtains in the loungeroom closed for the pic?  Get them open – bring in the light. 

    Not sure about the purpose of the pic of the corner of the loungeroom which shows only curtains in it.  I'd get rid of that pic altogether.  And the one of the toilet.

    Who took these pics?  It certainly wouldn't have been a realestate photographer.  Probably the agent.  Certainly wasn't someone who knows how to maximise the appeal of the place through a pic.

    I wonder if the absensce of some kind of privacy curtains to the front room would turn tenants off?

    Maybe pop a splash of colour into the kitchen and re-photograph it.  eg a vase of flowers.

    Where are the pics of the bedrooms?

    What about pics of nearby facilities such as playgrounds, schools, shopping centres?

    I think they could do far better with the pic of the bathroom.  It shows only the vanity, and no visibility on the shower situation.  Maybe take the picture from further back, and not pointing at the floor.  If you include the mirror over the vanity (I am assuming there is one) in the pic, then it will show the reflection of the shower etc.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    I'd be there for the opens if I were you.  Make sure they are actually happening, and if so, what are people saying about the property.  If the agent isn't even showing up, get a new agent immediately.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    I wouldn't be going with any more off the plan apartments if I were you – as you are praying they are valued above what you have agreed to pay for them when completion time comes.

    Banks are generally offering only 80% finance.  So this means you need to pitch in 20% per apartment.  So that's $80k each. 

    If I were you I'd be speaking to financers to ensure someone will actually come up with that 80% when the time comes.

    Then for future purchases, diversify.  You already have two Melbourne apartments.  So look to other ideas so that your other properties can do well in times that Melbourne apartments do not.  Perhaps a 3 bedder house in the burbs.  They have land and that means capital growth which is GOOD.

    That's my 10c worth anyway!

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Are you advertising the fact pets are ok?  This would be a good idea.

    Another idea is to offer 1 week free rent. 

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    from:
    http://law.ato.gov.au/atolaw/view.htm?docid=AID/AID2001307/00001

    Issue

    Is interest on a loan, taken out to fund the purchase of vacant land held for future income producing use, deductible under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997)?

    Decision

    Yes, interest on a loan taken out to fund the purchase of vacant land held for future income producing use is deductible under section 8-1 of the ITAA 1997.

    Facts

    The taxpayer borrowed funds and purchased land with the intention of constructing an income producing dwelling. That intention remained constant during the time of the taxpayer's ownership of the property.

    The taxpayer incurred interest expenses on the borrowed funds.

    For financial reasons, the taxpayer was unable to commence actual development of the property for a four year period.

    In that time the taxpayer saved for the construction, viewed display homes, progressed the building design and discussed the concept with colleagues.

    Four years after the land was purchased the taxpayer engaged a builder. The property was built over a period of eight months. The house was then let to tenants.

    Reasons for Decision

    Section 8-1 of the ITAA 1997 provides that a deduction is allowable for expenses incurred in gaining or producing assessable income, provided those expenses are not capital, private or domestic in nature.

    In Steele v. FC of T (1999) 197 CLR 459; 99 ATC 4242; (1999) 41 ATR 139, the High Court considered the deductibility of interest expenses incurred on borrowings to purchase land intended to be developed for income production. Taxation Ruling TR 2000/17, in considering the above decision, concludes that interest incurred in a period prior to the derivation of relevant assessable income will be incurred in gaining or producing the assessable income in the following circumstances:

    ·
      the interest is not incurred "too soon", is not preliminary to the income earning activities and is not a prelude to those activities;
    ·
      the interest is not private or domestic;
    ·
      the period of interest outgoings prior to the derivation of relevant assessable income is not so long, taking into account the kind of income earning activities involved, that the necessary connection between outgoings and assessable income is lost;
    ·
      the interest is incurred with one end in view, the gaining or producing of assessable income; and
    ·
      continuing efforts are undertaken in pursuit of that end.

    In the taxpayer's case, the interest was incurred on borrowed funds used to acquire a property that was solely intended to be used in income earning operations. In these circumstances the interest expense is not considered to have been preliminary or incurred at a point "too soon" before the commencement of the income producing activity.

    Furthermore, the taxpayer's intention throughout was to build an income producing building and there was no private or domestic purpose for holding the property. The taxpayer was committed to the project and took steps to develop the property prior to construction by saving money and planning and designing the building. The length of time between purchase of the property and commencement of construction is not considered to have been so long that the necessary connection between the interest outgoings and the assessable income is lost.

    In these circumstances the taxpayer is entitled to a deduction for the interest expense under section 8-1 of the ITAA 1997.

    Note: TR 2000/17 was withdrawn by TR 2000/17W with effect from 9 June 2004 and is replaced by TR 2004/4 which applies to years of income commencing both before and after its date of issue.

    Date of decision: 1 August 2001

    Legislative References:
    Income Tax Assessment Act 1997
       8-1

    Case References:
    Steele v. FC of T
       (1999) 197 CLR 459
       99 ATC 4242
       41 ATR 139

    Related Public Rulings (including Determinations)
    TR 2000/17

    Keywords
    Deductions & expenses
    Interest expenses
    Rental property

    Date of publication: 8 September 2001

    ISSN: 1445-2782

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    I don't understand how the tenant – or anyone – would want to live like that in the first place.  How revolting!

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    About 6 years ago, I was wondering if the serviced apartments were a good investment.  I looked at one as my "case study" at the time… it was on the market for $178k.  Looking at the real estate websites, the same sort of thing is now on the market for $180k.  So a whopping $2k of growth in 6 years.  Eek.  In effect, the thing is losing money, because its value certainly is not keeping up with other properties, or inflation.  Imagine if I'd bought such a thing with the intention of selling it upon my retirement to fund my living costs for a while.  By my calculations, based on what things cost now and what they'll cost in 30 years, I'd have been able to sell the thing to purchase a small hatchback car upon my retirement.  Great.  So basically I would have forked out $180k to swap it later for a car worth about $20k.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    I actually had a conversation with someone yesterday that uses Terri Scheer for the landlord insurance, and a different insurer for the building insurance.  A combination to think about.

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Residential.  Preferably property that provides something extra such as subdivision potential

    Jacqui Middleton | Middleton Buyers Advocates
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    Profile photo of Jacqui MiddletonJacqui Middleton
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    Um, I am confused.  Let's say you bought a house worth $300k all by yourselves, and its rental return was say 5%.  A property manager (eg the rentals department of the local estate agency) would set you back about 7% of that, which equates to about $20 a week. By comparison, this mob wants $150-$200.  Why on earth would you go with that option?  You will make no money at all.  Is there something I am issing here?

    Jacqui Middleton | Middleton Buyers Advocates
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