Thanks for your ‘educated’ viewpoint JB. If the ATO is going to look that closely at trusts, why do they not look that closely at individuals who do the same thing?
I’ll go with Dale GG’s ‘educated’ viewpoint on this one, but thank you for sharing another investment accountant’s opinion. More knowledge makes for better decisions.
Matt, unlike the States, we cannot fix our loans for 30 years (40 years I think they now offer). At the moment our maximum is 10 (or possibly 15), but these rates are much higher than the variables.
If you buy in a company name, you are also subject to more risk than using a trust. With a trust you have many more options of utilising asset protection, and tax minimisation strategies. If you have other beneficiaries that earn very little, when selling you could possibly be subject to very little or no CGT, whereas with a company you do not have this option as easily. Of course, you could bring more shareholders on board to receive the dividend, but you can’t then pick and choose which shareholders get what distribution.
Why don’t you look at investing in the US? Far better yields available than here, and in some cases much easier to buy property. Dolf De Roos has just bought 52 properties this year in Las Vegas which is the fastest growing area in the world, and has been for many years.
Geronimo, in my understanding and implementation of the Equity Lease, at the end of the lease, no matter if there is a renewal or not, you should refinance and give the tenant their share – it’s something concrete, and they can do with it what they will, while maybe staying on if they like the place. I would definitely have them lodge a caveat also – same as in wrapping, you need to make sure that you can get them their money from the property, so your loan doesn’t want to be too high.
As Terry (sort of) suggested, you definitely need to talk to your accountant. I have heard that you can claim everything and not lose the CGT exemption (similar to the 6 year rule), but I couldn’t quote you any legislation, so the best one to ask is the qualified one.
If a wrap in Rocky is an option, I believe Qld’s 007 does quite a few up there. I think there website is http://www.fhog.com.au, but he posts on here quite a bit, so you should be able to find it easily, it’s always in his signature block.
Although I do think you have other options that are probably better if you can get your mum on board.
To save on the company costs to start with, you could simply have yourself as the trustee, which will affect the extent of your asset protection, but will save you annual fees etc. for the company.
I would definitely start with a trust if that’s how you wish to proceed. It is costly to transfer them over later, so most don’t do it, and have to wear the ‘risk’ of having them in personal names.
I have a vending business, and my Mum was helping. She made the mistake of giving one kid a lolly – hundreds appeared!! One fellow came back for seconds – it had gone down his throat. She told him that he’d already had one. He then said ‘I’ll sue you for giving away free lollies!’. Gotta love where society is going when this is the automatic reaction from a 7 year old kid[]
vegemite I would be careful buying real estate in the name of your trading company (or any company for that matter). Remember there is no CGT relief for a company.
Could you not pay your company tax, and say, lend what’s left to your family trust which could buy a property that you rent from it?
I’m not sure what Barbara Smith was suggesting,however, the super fund cannot have an interest in a property that has any sort of mortgage attached (even if the interest in held via a unit trust).
JB, I draw your attention to the Do It Yourself Superannuation Fund Manual written by Barbara Smith, Executive Director, Superannuation Australia Pty Ltd. (a wholly owned subsidiary of Taxpayers Australia Inc.) Section 6.400
‘6.400 Joint Investments
Tenants in Common
Investments can be made in real property as tenants in commo0n with any other person or entity, including a member or other related party of the fund.
This can be a useful alternative where the superannuation fund does not have sufficient available resources to make a desired investment.
Borrowing Restrictions
Borrowing restrictions prevent a fund (but not other titleholder) from charging assets. Whilst it is prudent for a trustee not to invest as a tenant in common where the related party intends to use its investment in the property as security against borrowings it is possible if the fund’s interest is appropriately protected. This could be achieved by obtaining the written agreement of the lender that the fund’s share of the proceeds of any forced sale would receive priority and are there not, indirectly, subject to any charge. (Superannuation Circular II.D.6)’
JB, it’s about security of dollars, and if the SMSF is guaranteed that it will not lose any money, like in the situation I mentioned, apparently it is ok.
As soon as your settle, get depreciation schedule done. Then renovate (whenever, immediately if you like), and get another schedule done.
You can then ‘write off’ what was there before, and start depreciating what is there now. As far as I’m aware, you do not have to wait – it’s not like the ‘is it a repair or improvement’ scenario.
Yes, but neither NATS or his/her sister would qualify anyway for the FHOG if they continue with the strategy outlined.
To avoid CGT is really, really easy – don’t sell![}]
In ACT, if you buy an investment, you can claim the stamp duty on your tax. If you buy PPOR you cannot, so you can almost get that $7000 back anyway, especially considering current stamp duty rates.
Agree with Simon. I think people are getting ‘funny’ about time frames now because of the FHOG. It appears that the new ‘rule’ will be that you must occupy the PPOR for 6 months to keep/gain the FHOG.
As for CGT, I didn’t believe that there was a minimum time to be eligible for exemption. However, if you do it several times in several years you might have ‘some splaining to do’.
From what they have told me the prices in Yeppoon are way higher than Rocky (and yes, they wouldn’t live there unless they had to, but I’m not sure of your feelings). Could that not be an option? At least to get you going?