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Viewing 20 posts - 261 through 280 (of 469 total)
  • Profile photo of luke86luke86
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    @luke86
    Join Date: 2010
    Post Count: 470

    Hi,

    Just a word of caution- dont listen to everything the real estate agent says. He is just trying to make a sale, and if you dont buy the apartment he will not get a comission. So of course he will tell you that there are no probelms with the apartment because if you dont buy it he doesnt get paid!!!!

    One thing you should consider is how many apartments are in the building? If there are 100 apartments and you are faced with a $100k repair bill then that is not a big deal. But if there are only say 15 apartments in the building, then a $100k repair bill is a big problem.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
    Join Date: 2010
    Post Count: 470

    I imagine there are, and a good accountant/lawyer will definitely be able to give you the right advice!!!

    A lazy lunch time on the forums Terry? This website is taking up a good portion of my work breaks recently!!

    Luke.

    Profile photo of luke86luke86
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    @luke86
    Join Date: 2010
    Post Count: 470

    Terry I agree, but untill you decide that you want to purchase another investment you should leave this in an offset account. I have recently done exactly as you said (organised a $30k subloan on my PPOR loan, paid it down in full using money from my offset account and then redrew the money to use towards a deposit on a property). But I think you should always keep your money in as offset account in case you decide to use the money to buy a different PPOR, or car, or holiday in the future instead of a new IP.

    Luke.

    Profile photo of luke86luke86
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    @luke86
    Join Date: 2010
    Post Count: 470

    I just had a look at the Pat IVA. It appears that you would not be allowed to purely 'stream' your parters income through a trust and distribute it to yourself to save tax.

    From the Part IVA document:

    In the absence of unusual features, therefore, Part IV A would not
    apply to such husband and wife partnerships. The sort of unusual
    features that could see Part IV A apply include where the:

    – income generating activity was in reality a disguised
    employment arrangement, or
    – use of the partnership is prohibited by regulatory or other laws.

    In employee?like arrangements, provisions in the income tax law
    which specifically deal with the alienation of personal services
    income may apply in any event. This would mean that the
    partner performing the main bulk of the work is taxed on all
    of the partnership income. In such cases, Part IVA would have
    no application.

    Reading the above, it appears that your husbands work is in fact a disguised employee arrangement. He is getting paid as a contractor although in reality he is an employee (I could be wrong though as I dont really know the nature of your husbands work).

    I think you really should talk to a good accountant as they may have a way around this so you can stream the income to save tax.

    Cheers,
    Luke

    Profile photo of luke86luke86
    Participant
    @luke86
    Join Date: 2010
    Post Count: 470

    I would say an offset account is ALWAYS better than a redraw.

    Profile photo of luke86luke86
    Participant
    @luke86
    Join Date: 2010
    Post Count: 470

    Hi Glenn,

    You should put your extra money into an offset account instead of a redraw facility. Obviously if you have non-deductable debt then you should pay this off, or put money into a offset account attached to your PPOR. For threads on redraw vs offset account and the tax implications- see
    https://www.propertyinvesting.com/forums/property-investing/help-needed/4336773?
    and
    https://www.propertyinvesting.com/forums/property-investing/help-needed/4336793?#comment-237756
    and
    https://www.propertyinvesting.com/forums/property-investing/help-needed/4336793?

    I could be wrong, but you will only be able to claim the losses from your wifes property if you transfer it to your name. You may be exempt from stamp duty, but you would have to check with a forum member who is an accountant, or preferably get some accounting advice from your accountant (which will cost you money initially but should save you money in the long run so worth the expense).

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    Water penetration and cracking issues are very difficult to fix. If there are warping doors and cracked ceilings then this could mean bigger underlying problems. Fixing waterproofing issues can be extremely expensive, and you sometimes don't really know how much of a problem it is untill a contractor startes digging up planter boxes and removing sections of walls to look at the flashing. If the structure is reinforced concrete (which it sounds like it is), then fixing warping/jamming doors is very expensive to fix, and may be an ongoing problem for the enture life of the building. It also indicates really poor standards of construction so I would be very concerned with the quality of the building- warping and jamming doors should never be a problem in this type of structure. The cracking problem really depends on what type of cracking it is- minor cracking of concrete is not unusual, however cracking of render or brick walls is a big problem expecially seeing as the building is relatively new.

    It sounds like a nightmare of a building, and not one that I would buy into. If it is still within the cooling off period, I thought you could get a full refund on the deposit??

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    Yep agree with SNM. The only reason would be that it is too expensive. Every house in Australias capital cities will rent quickly if the price is right.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
    Join Date: 2010
    Post Count: 470

    Your accountant will be able to help.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
    Join Date: 2010
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    Hi,

    I have a copy that I am looking to sell. PM me if you are interested. I tried to PM you but you have your messages turned off so I couldn't.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    My understanding is that you can do it, but only under certain circumstances.

    For example, you could be the bookeeper for your husband, so he pays you an hourly rate to arrange invoices, do the banking, and other miscellaneous items. However you must be paid at a market rate and for a reasonable amount of hours worked. So I don't think that it is possible to stream $100k of that income to yourself in return for these services as the ATO would most likely consider this to be unreasonable for the amount of work involved on your part.

    I have heard of schemes where a person purchases a PPOR in a trust structure and also earns income in another trust structure through a contracting arrangement. He then furnishes the house and rents the house to himself making it a negatively geared investment. He distributes money from the employment trust into the property trust to offset the negative gearing losses and to reduce his tax. I would like to hear an accountants view on this scheme and whether it would be disallowed under the alienation of personal services income ruling, as it sounds pretty dodgy to me, but his accountant seems to think it is perfectly fine so maybe that is one way to do it.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    No it is not legit- it is your partners income, not yours. If you read the ATO website, you will see that they consider this arrangement tax avoidance and will prosecute people who do it.

    Maybe in the past it was possible, but not now.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    Yep I agree with the above comments. A $400k unit in the inner west (Dulwich Hill, Ashfield, Marrickville) would be a way better buy IMO.

    One other thing to consider is that you mentioned that there are a lot of apartment buildings being built or just having been completed in Liverpool at the moment. This means that there is no shortage of apartments that will be up for sale in the coming years, and so with no shortage of demand, prices are unlikely to rise much.

    I would definitely not buy an OTP apartment in Liverpool.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    Yep, sounds like he is trying to screw you over. Bear in mind that because you have already used your FHOG, getting into a new property will also cost you stamp duty. So I think that if he wants to buy you out, you should get a valuation done to determine how much equity is in the property (make sure you are happ with the valuation and it diesnt appear low). Then he should pay you half of the remaining equity, plus half of the stamp duty based on the valuation, plus an extra sum (at least $10k or $20k) to compensate you as you have already done the ground work and purchased the property, plus maintained it for the last few years. This will also mean you won't get ripped off if the valuation is lower than you expected if he tries to order a low valuation behind your back.

    If he refuses, then why not just tell him you want to sell the property and get your money that way. After all, it doesnt matter whether you sell it to him or sell it completely to someone else, you still get your money. I think he will give in to your request if you say you want to sell it instead.

    I think you should stand your ground and demand a decent return for your share, after all you hold the upper hand in this. Dont cave in!!!

    cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    The term the ATO uses for this is 'alienation of personal services income' if you would like to search for it o the ATO website.

    Luke

    Profile photo of luke86luke86
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    @luke86
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    This is a tax avoidance scheme and is illegal. The ATO is cracking down on exactly this type of tax fraud and so I would definitely not do it.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    From what I understand, you can not get a retrospective valuation done. The home will be CGT exempt for the time you lived in it as your PPOR. You will have to do the calcs yourself as your post doesnt really make sense (you said you purchase the property in November 2009, lived in it for 14 months and then rented it out on January 2010).

    If your husband purchased the property from you, then he will pay stamp duty on the market value of the property as well as yourself paying the CGT.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    I think you should consider the ownership structure for the new IP, as purchasing it in a trust gives you the opportunity to distribute income to different people to reduce your tax liability.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    As the building industry is a major part of the economy and provides thousands of jobs, any decision that would adversely impact this industry would be very unpopular. Given the construction unions relationship with Labor, I doubt this will happen under the current government, and also doubt this will hapen under a Liberal government. Also with the current shortage of housing in middle ring suburbs, any legistation that would discourage urban infill development projects (which are usually bought by investors as negatively geared properties) would be a disaster.

    Cheers,
    Luke

    Profile photo of luke86luke86
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    @luke86
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    Post Count: 470

    You could buy the property in a unit trust, as this offers more flexibility. In the future if you wish to change the percentage of ownership in the land, you could gradually redeem units or transfer units. You would be up for CGT on the sale of the units, but you could do this over time (say 5-10% per year) in order to minimise the amount of tax payable.

    Cheers,
    Luke

Viewing 20 posts - 261 through 280 (of 469 total)