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    Oops, forgot to add the follwoing words at the end of my previous post :

    ‘RIGHT NOW’

    Pisces133

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    It doesn’t matter what someone else has or hasn’t done.

    The real question is whether there is something of value in any of the profferred ideas and whether we can use any of them to increase our bottom line.

    The next question we have to ask ourselves is whether we want to theorise and dream or perhaps criticise and condemn or whether we want to take some action and get cracking.

    Irrespective of the climate there always have been and always will be opportunities.

    Buying a property below market value and flipping it is an opportunity.

    So is doing a wrap.

    So is a buy and hold situation (over time).

    So is selling the house you live in and stepping up to a better, dearer, house, thus tapping into and using our existing equity without attracting tax.

    (This is the way many builders go about stepping up. They build a house at cost price (possibly
    even charging the labour and material to another project), live in it for a while so as to obtain a further increase in value and thence sell it taxfree and repeat the process by building another one etc.)

    So is getting an option on a property and improving its value by getting a D.A. approved by council and thence flogging the property for a profit.

    The real question is whether we are going to continue to procrastinate and wait and see how Steve’s ten disciples he is mentoring will fare over the next twelve months or whether we are going to apply anyone of the above ideas.

    Pisces133

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    I guess a good idea would be to reduce one’s personal mortgage to nil (as it isn’t tax deductable) and thence borrow on your own house
    to invest elsewhere (the interest rate in that case being tax deductable).

    It may be a good idea as well to set up a line (or lines) of credit (or to have an ofset account) in order to have access to cash for emergency situations.

    Pisces133

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    A good question to ponder about and which everyone should be busy with.

    Some of the possible ways of protecting oneself are :

    1. Don’t be overgeared to the point where you cannot sleep at night

    2. Make sure you have access to a line of credit you can call on (so don’t sail too close to the wind by having a large debt without having moneys in reserve to fall back on).

    3. have some of your assets in a trust, protected from creditors (see McKnight’s book on Trusts).

    4. don’t have all your eggs in the one basket.
    Have access to some cash (even to the extent of having several credit cards with large limits to fall back on – which you don’t use except in real desperate circumstances provided you can see some light at the end of the tunnel), have some money tied up in shares, have some protected assets (in a Trust), spread your assets out over different locations (it isn’t a good idea to have all one’s properties in the one small town when most of the town’s economy relies on the one employer) and above all don’t follow a policy of growing too fast (being a young man in a hurry only to see several years work crumble like a pack of cards within a short timespan because of not having reserves to fall back on when a little credit squeeze comes along.

    Do a flip every now and then just so as to build up your cash situation (to increase your cash reserves, not to buy another property.

    Now all of the above is something we can only accomplish over a period of time.

    And re-assess your particular situation on a regular (say yearly) basis.

    Does anyone want to either add to the above or perhaps disagree with some of the points ?

    Pisces133

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    Stanford, your feeling of security shouldn’t lie in having a long term tenant so much as in the location of the property.

    Secondly, to get a positive cashflow the location is probably second or third rate which sometimes doesn’t make for a peaceful sleep.

    Better to create a +ve cashflow by improving a property.

    For example by recycling an ex-bank or an ex-hotel into shops.

    Pisces133

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    >> Solicitor doesn’t have anything to do with you disclosing.<<

    It is however a reasonable assumption to make that you have in mind to mislead the bank.

    But, I agree Terry that it is in fact a good point to make to convince your solicitor that there isn’t any problem in him co-operating.

    This then leaves only the vendor’s solicitor to deal with (whom I am sure will be strongly suggesting to his client not to go into such an agreement).

    Pisces133

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    Get a second opinion.

    I understand that Steve McKnight has written a booklet about trust. Consider buying it, well worth it.

    Thence get a second accountant’s opinion as your present one doesn’t appear to be much on the ball.

    If you quoted your present accountant correctly it appears as if he hasn’t got a clue about the difference between tax avoidance and tax evasion. There isn’t anything illegal about the former.

    The ENJOlady said : “However, the reason we have a trust is firstly for asset protection and then for the taxation benefits.”

    If you honestly can say without laughing what the Enjolady is saying then (so I believe) the taxation department couldn’t possibly consider that it is a tax evasion situation.

    As the ENJOlady states, the reason for using a trust is what is most important.

    My advice ? Forget about buying a property with a partner. You have already got two partners (your wife and the taxation department).

    Too many chiefs and not enough Indians so it sounds like. Women think more from an emotional level than men.

    So dealing with some one else’s wife (on top of having to deal with your own wife’s fears and emotions) just looks like too much stress to me.

    If you do proceed with a partner I suggest you agree about the rules in writing beforehand so as to avoid at least some of the otherwise unavoidable disputes.

    I would be looking to deal with certainly the following things in such an agreement :

    Time when to sell; How to determine the selling price; Have a mechanism in place whereby either partner is able to dissolve the partnership on a fair and reasonable basis without one party feeling they were robbed.

    The lattter can be achieved by either partner having the right to terminate the partnership by giving notice in writing to the other partner that they want to disolve the partnership. The person giving such notice must also set the value of the property.

    The partner receiving the notice thence has the option to either buy or sell at the nominated price.

    That will force the first partner to nominate a fair price. If he sets too high a price the other person will opt to sell (and under the agreement the other party MUST buy in that case). If the first partner sets too low a price then the second partner would snap up the property (and the first partner is obligated under the agreement to sell in that case). So whatever price is nominated has to be a fair price or else it will work against oneself.

    As always, I would suggest that you get a solicitor to draw up such an agreement as there are some further points as wellwhich ought to be in the agreement.

    Pisces133

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    Melay has hit the nail right on its head, it is difficult (but not impossible) to obtain finance for a one bedroom unit under 45 sq. metres.

    Also, some lenders would see problems with a serviced apartment. So if it can be rented out privately you may overcome this lender’s objections in this regard.

    Often you are able to buy such a serviced apartment without being obliged to rent to the company who runs the serviced apartment business.

    Pisces133

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    Hi Marek,

    Here are some comments.

    Firstly, a zoning like 2A or 2B doesn’t necesarily mean the same thing for two different councils.

    And yes, there are pitfalls. Too many to mention in this post.

    It is essential that you get hold of the council’s guidelines (or code) so that you know whether or not you can do what you think you can do.

    Getting an option from an owner is something that is very common so you are on the right track there.

    >>I would then get a DA to subdivide the property into two blocks and then sell the second block, using the proceeds of that sale to assist when I executed the call option originally purchased.<<

    You cannot sell the second block unless you pay for it first.
    However the buying and selling can be done simultaneously i.e. you settle your purchase and your sale both at the same time and you can therefore use your buyer’s money to pay your vendor.

    And yes, you do need the owner’s consent to lodge a Development Application. You also must have a fair idea how long council will take to approve it so that you don’t run out of time.

    Some of my questions are:

    >> Does this theory fall into the realm of science fiction ?<<

    No, it is perfectly feasible as long as you know that you need to be able to come up with money to pay the council’s application fee and the surveyor’s cost and the architect’s fee (if required)and a deposit if necessary.

    >> How long will it likely take and what will it cost to get the DA and subdivide (where can I go to research this aspect further ?)<<

    Go and ask the council, take holiday periods into account and thence tack a couple of months to the time OR have a facility in the option agreement whereby you can extend the time by paying the vendor a certain sum of money.

    >> Would it be profitable to sell (quick flip) the complete property with the DA approval for subdivision ?<<

    Yes, very much so.

    Someone mentioned that it will be difficult to do. The right answer to that is : ‘Search and you will find’

    The property will be worth more as a development site than as a house so you can afford to pay the vendor more than just house value.

    The option fee can be any amount you and the vendor can agree upon. I have tied up properties with a $ 100 option fee (and even with a mere
    $ 1-00)

    You can start selling the property the moment you
    have plans prepared !!!

    I posted yesterday that I would be happy to team up with someone who lives in Sydney and who would like to get involved in development sites.
    (There is a lot of money in this type of real estate).

    Because of physical problems I find it difficult to walk longish distances though I have extensive experience in this area and I would welcome someone who is prepared to do the basic work.

    I am actually quite surprised that no-one as yet has bothered to talk to me about this offer.

    Pisces133

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    You can always get a second valuation.

    Some lenders are O.K. with the broker nominating the valuer as long as such a valuer is on the lender’s panel.
    (Just this morning I was asked by the lender whether I have got a preferred valuer)

    And yes, the broker can indeed question the valuer’s figure by coming up with comparable sales and pointing out some relevant factors.

    It would be best however if one could gather (you can do that yourself I am sure and thence pass on the information to the broker) details of comparable sales and have the broker attend the property at the time the valuer has made an appointmnet and hand them over.

    I have on several occasions been able to have the valuer change his assessment.

    Also, if the broker has a reasonable turnover he can establish a relationship with a particular valuer (by sending him business) and discuss the property beforehand and ask the valuer whether he thinks that he can justify the particular value you place on the property. If the valuer replies that he doesn’t think so then the broker can try another valuer.

    Pisces133

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    Clinton if you are going to do some spotting for other people I would like to suggest you approach it in a businesslike fashion by having an agreement signed by the investor beforehand which in essence says that from time to time you will introduce the investor to certain properties and in the event he or any company he is associated with or any associates of him or any companies associated with such associates of him proceeds to purchase the property then in that event a spotters fee of xyz dollars is payable upon exchange.

    If you find that the investor refuses to sign this type of agreement you can be sure you are wasting your time talking to him as more likely than not he would be screwing you when the time comes to pay you.

    I also would like to suggest that you have a solicitor draw up such an agreement (unless you are very experienced yourself).

    Pisces133

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    >>Why would there be 2 lots of stamp duty?<<

    Dan have you actually done this ?

    The fact is that there is double stampduty involved.. Phone the stampduties office and ask them the question.

    I believe that there IS a way around this provided you know the name of your endbuyer
    before you enter into the contract to purchase.
    (One’s name should be noted as : ‘Dan the Man as trustee’).

    You would also need to have a simple deed of trust drawn up and have this stamped at the same time as the Contract of Sale is duty stamped.

    However all of this is a hassle (and may cause other problems) and in my opinion it is better to just pay the first lot of stampduty and be over and done with it.

    However, please check out the above for yourself as I am not licensed to give advice of any kind.

    Pisces133

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    If you have an existing loan use your existing cash to partly repay the existing loan – provided there is a redraw facility.

    And if there isn’t or if that isn’t possible, consider switching to a loan with a redraw type of facility.

    And what about paying off your credit card temporarily or permanently ?

    Pisces133

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    I suggest you also have a look at this site :

    http://www.bis.com.au/

    Pisces133

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    quote:


    doogs-
    i got samples of the whole darn orchestra…whaddya need?
    mini


    Just the Last Post Mini! pretty corny I know.
    J.

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    Hi all, I’m an electronics engineer. I design microwave video & data links, well I used to ’till I got sucked into this forum. Better make this my last post for a while (how are you with the bugle MiniMogul?). I get to design & make all sorts of interesting little gizmos, like the StumpCam transmitter. You’ve probably used them Richmond! My hobby is database programming eg swimming club software. Property started out as a big tax dodge (hope you’re not lurking Mr Carmody) with the old CGT rules after our company got taken over and I had to sell my share, which triggered a CG event. (I was effectively in the 90% tax bracket, but that’s another story, and it no longer applies with the new rules.) I’m still waiting for my 4 properties to go positive enough to take up the slack when my depreciation runs out, after which I can get off the fence and start investing again.
    I have certainly learned a lot from you learned people and hopefully I may have helped a little to some less experienced investors with my $0.02 worth. Remember “Time Value of Money”, thats my wheelbarrow I keep pushing!
    Regards, Jim.

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    Mum2boys, I’m sure you’ve sunk a lot more into the principal than you realise. The technique of the con jobs is to disguise the fact that a lot of your income is disappearing into the principal. It’s just pure maths really, not rocket science.
    Melanie, I think the best combination is the offset on a smaller LOC loan and the bulk of your loans in a big basic bucket.

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    Hi everyone, here are my promised formulas. Sorry it’s a bit long winded. They mightn’t be strictly accurate from a purist economist point of view, but I’m sure they are a reasonable approximation. Hopefully I haven’t miscued the calculator again.

    Define the following variables:
    A = repayment Amount per compounding period
    P = Present worth
    F = Future worth
    R = Residual amount owing after n periods if A is not enough to pay off P in that time.
    r = interest per compounding period (usually interest pa/12) (interest is expressed as a ratio, not a percentage, eg in the example above, r = 0.07/12 = .00583333
    The term (1+r) to the power n occurs often so I’ll call it “Q” to tidy up the formulas, ie Q = (1+r) to the nth power. (I can’t do superscripts)
    I’ll use * as a multiply sign and / as a divide sign.

    Formulas used:

    Capital Recovery Factor {A/P} = (r*Q)/(Q-1) ; multiply this by P to get the monthly repayment amount needed to pay off P after n compounding periods.

    Single Payment Present Worth Factor {P/F} = 1/Q ; The present worth of a single future payment F in n compounding period’s time.

    Number of periods required to pay off the principal P with a payment A and interest r per period is given by reverse engineering {A/P} to extract n as follows:
    n = LOG(1+r/[A/P – r])/LOG(1+r) ; The LOG function is to base 10 or natural log, it doesn’t matter, so long as you use the same for both.

    The amount of loan still owing R after n periods if A is too small to pay off the principal P is given by R = Q*[P – A*(Q-1)/(r*Q)]

    Applying these to the example:
    P = $200,000, r = .07/12, n = 120 gives: {A/P} = .0116108, so A = (200k * {A/P}) = $2322.17 as shown in RentMaster’s P&I example. This will pay off the loan in 10 years, ie n = 120 months.

    Finding the present worth of these payments is basically a reversal of this formula, but using the inflation rate r = .035/12 (assuming a nominal inflation rate of 3.5% pa). Above, P was the initial loan principal, so I’ll call the real present worth of the repayments with inflation taken into account as P(real). So {A/P} now is .00988859 which gives P(real) = $2322/{A/P} = $234816.

    Similarly P1(real) of A = $1166 for the I/O loan is $1166/{A/P} = $117913
    P2(real) of the future payment F of 200k in 120 months time is given by P2(real) = 200k*{P/F} = $141009 (for r = .035/12).
    Now total P(real) = P1(real) + P2(real) = $258922

    To find the effect with tax at 48.5%, firstly interest only is easy, as each payment is purely interest, and identical, so the net payment per month after tax refund is 0.515 * 1166 = $600.49 (Note that I’ve simplified the tax refund by assuming it is paid monthly, but this will be a reasonable assumption if you have put in a “withholding variation” to the ATO, ie you can get your tax reduced if you are negatively geared, so your fortnightly pay is correspondingly higher.) The P1(real) is now $600.49/{A/P} = $60726, which added to the same P2(real) above gives total P(real) after tax effect for I/O = $201,735.

    To find the tax effect on P&I, I only know how to do uniform series, ie where A is always the same. In reality, most of your early payments are interest, and most of the final payments are principal, so you get more tax refund at the start then at the end. After the tax refund “each month” you effectively pay a smaller net amount per month. The net payment increases as the loan diminishes. Eg, at the end of period 1, interest payable = .07/12 * 200k = $1166, reduced by refund to 0.515*1166 = $600.49. At the end of period 60 (half way in time), residual R = q*[P – A*(q-1)/(r*q)] where q = (1+r) to the 60th power, ie R = $117286 which is the amount of principal still owing. Interest on this amount in the 61st period would be $684, which after tax refund would be $352.
    To simplify the maths, I assumed the tax refund would be used to pay off principal (or sit in an offset account which give the same result). This would be equivalent to a P&I loan with an interest rate equal to .07*.515 or .03605 (3.605%). The loan would be paid off earlier if this were the case, and to calculate the reduced n:
    n = LOG(1+r/[A/P – r])/LOG(1+r) The A/P terms refer to the actual payment per period divided by the principal, which is 2322/200000 = .01161 and r = .03605/12 which results in n = 99.82, so assume n = 100.
    Now P(real) of the 100 payments of $2322 is $201150, calculated as before, with r = .035/12.

    Hope all that makes sense. I’ve shortcutted some of the detail, as it is long enough already.

    Jim. (about to jump into my fox hole to dodge the bullets from real economists![8)])

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    It works fine Sach. The effect isn’t that dramatic though, as it depends fully on how much you have in the offset account. There are lots of con jobs out there that fool people into thinking they are dramatically shortening their loans, but in reality they just end up paying a lot more principal.
    I prefer the offset account arrangement, because it puts a “firewall” between your private and non private finances. (careful to not say “parts”!)[;)]
    J.

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    I’ll do that tonight RM. I’m going to be in trouble if I spend much more time in here at work!
    J

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