Just a quick reply. You can’t negatively gear while you’re away, if you don’t earn any income in Australia. However you can accrue these loses while you’re away and use them against Australian earned income when you get back.
Of course, you should check this with a good accountant but that’s how it worked for us while we were overseas.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
We are vendor financiers and in a lot of cases we’d suggest you on sell it using vendor finance. After looking at your situation I’d agree with most of the above postings, i.e. rent it and definitely get a depreciation schedule.
Good luck with the move.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
While doing your due diligence, it may be worthwhile considering that 99.9% of unlisted property trusts in Australia are unit trusts. It will be interesting to see the government have a go at trying to close down that industry.
Also, if what you are doing now is legal, it’s unusual for governments to make their legislation retrospective, i.e it’s quite possible that you may not be able to do something after the legislation is passed but it’s quite possible that the structure you set up prior to the new legislation, will be able to remain in place.
If it were me, I’d be spending my money on some good advice from an accountant that specialises in this area.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
It may be a little late now but I would have made it a condition of my offer that the vendors increased the rental on all units by $x on exchange of contracts.
If you have a good relationship with the vendors, ask them if they mind if you write up a letter which they can authorise, increasing the rent. Can’t get shot for asking
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
First of all, could you tell us where your house is located (town/state)?
If the area suits us we could look at giving you the current market price, if you would be prepared to lend us 20% of the agreed purchase price.
By lending us 20% of the purchase price, I mean our solicitors draw up a second mortgage contract between us, in which you agree to loan us 20% of the purchase price over 5 years.
Just another idea. Good luck.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
It sounds to me like you need a lease/option for 2 years which you exercise and rollover into an Instalment Sales Contract. So the paperwork is relatively simple, i.e. a standard residential lease for 2 years, a two year option on the property and the contract you attached to this lease/option will be an Instalment Sales Contract.
If you are in NSW give Tony Cordato a call. I’m sure the members here will be able to recommend an equally good vendor finance specialist solicitor if you are in another state.
Good luck.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
I agree with Richard. I wouldn’t be wrapping a property to an undischarged bankrupt.
“Illegal” is a strong word but a solicitor has told me that it’s illegal to supply credit to an undischarged bankrupt and on selling a property using an Instalment Sales Contract (wrap) is regarded as supplying credit.
If you really insist on selling this property to this person, you could use a lease/option (you aren’t supplying credit).
About the only reason I could see for selling a property to an undischarged bankrupt would be if your exit strategy is to set up a long term wrap. Because there’s a real good chance that it’s going to be many years before you can refinance this person into a traditional loan.
Concerning insuring wrapped property, there are only really two insurance companies who will insure properties which have been on sold using vendor finance. Assuming you are the title holder of this property, you insure the property with one of these companies and then give the wrapees details to the insurance company when the wrapees move in. The wrapees are then shown as “interested parties” on the policy, along with a declaration that the property has been on sold using vendor finance.
Good luck.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
If you use “and/or nominee” on the Contract of Sale, in NSW, double stamp duty will be payable.
However, if you option the property and then assign the option (at a higher price) to somebody else, our experience is that double stamp duty isn’t payable.
Please check with your lawyer about this.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
There have been many of them. This one is from the early days.
Getting 80% LVR loans because I didn’t want to pay the Lenders Mortgage Insurance premium. With 90% or higher LVR loans we could have bought double the number of properties to wrap with the money we had.
Good luck in the future.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
If this property could be turned around so that it:
1. Produced positive cashflow for the owner
2. Could be sold for $290,000
do you think he would be interested?
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
As the market has “motivated sellers”, it also has “motivated buyers”. And yes these “motivated buyers” tend to look past the major road location, if it’s going to get them what they want, i.e. their own home.
As the opportunity of this property is now out in the open, lets see if any wrappers contact you. If they do and you sell the opportunity of this property to them, you’ve just started your bird dogging career
Gook luck.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
Don’t tell any wrappers about it or they’ll grab it in a flash Why? Houses on main roads usually get discounted pretty heavily because of their location but when you sell them using vendor finance (wrap) you can usually sell them for full price.
Good luck.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
I’d definitely agree with Daniel. If you are going to talk with an accountant about this, make sure the accountant has a few of his/her own investment properies.
A hypothetical. You’ve built up a great protfolio and you’re, rightfully, happy with the asset base you’ve been able to build for your family.
You’re driving along one day, get dazzled, run off the road and into a shop. Nobody is hurt but the ensuing fire destroys millions of dollars worth of property
You had been conscious of not drink driving but your blood alchohol level is just over, i.e. 0.7.
The law charges you with some offences but probably because no one was injured you don’t go to gaol.
The property owners then sue you in a civil action for millions. They win. Because all your assets are in your name, you lose the family home, the property portfolio, the lot.
If these assets were owned by a trust or company (that you control) it’s quite likely that your assets would be safe.
You can’t by an insurance policy to save you from all the crazy law suits that are out there today. However there is a very effective “insurance policy” and that’s is the right structuring of your assets.
Personally I think it’s pretty cheap insurance to set up, e.g. a trust with a corpoate trustee. It cost us about $2,500, was easy and quick and is easy to run. And just as you have to pay for renewing your insurance policy each year, we pay about $1,000 a year to our accountant to keep the structure in good shape.
And last but not least. Go find some really wealthy individuals and and see if you can find any of them that own their assets in their own names.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540
I’m sure some of the excellent mortgage brokers who are members of this forum will be able to set up some form of “line of credit/redraw” loan for you. With this type of facility in place, you will have access to funds for future investments.
While this facility is being put in place I’d suggest you get your real estate education underway (although you’re doing pretty well already). Initially I’d suggest you read a small book called “How To Legally Reduce Your Tax”, have a good look at all Steve’s products and have a look at Rick Otton’s website.
Good luck.
Cheers, Paul
Paul & Karen Dobson
negative2positive
Turn your negatively geared property into positive cashflow.
Phone: (02) 4984 9540