Forum Replies Created
Sounds like you need to do some serious research and quick.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Paul B. wrote:I apologise for my ignorance but why wouldn't you just use the money straight from your offset account?Because the interst on the home loan would increase and this would not be deducitble.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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50% discount on assets held longer than 12 months – from date of contract.
But when you say 'complete' does that mean you are building something with the aim of selling for a profit? If so CGT may not apply, but straight income tax.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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What do you mean by Vendor Finance?
Installment contract would mean you would not get title, generally, until you pay him in full.
Borrowing the deposit would mean you still need a bank loan.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The interest on this will only be deductible if:
1. It is used for investment or business purposes, and
2. If it is properly transacted – you could lose deductibility if it passes through a savings account or cheque account.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You will find that GST doesn't depend on the entity, but on the property type. GST is payable on new houses whether you buy in personal names or company – but it will be built into the house.
But you should not use a company for several reasons
1. No 50% CGT discount.
2. flat 30% tax.
3. asset protection
Better to look into trusts and you may be able to distirbute any income from the trust to the company to offset any losses.
You should see another accountant too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
BigCubez wrote:HahahaWhat is so funny? I have googled your name and not found anything.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Paul B. wrote:Terryw wrote:This is how I would do it.List all the cash expenses in rows in excel
strata
rates
insurance
management
total
Then list all the non cash deductions
depreciation builing
depreciation fittings
loan costs (over 5 years).
total
Total costs = Cash costs + Non Cash costs
Income = rent
Taxable income of the property = Income less expenses
= Rent – cash costs – non cash costs.
If this is negative then you can deduct this figure from your other income. This reduces your tax at marginal rates.
If this is positive then it is added and you pay more tax at marginal rates.
That is the tax position.
To work out the cashflow position:
Income = Rent – cash deductions
leave non cash deductions out of the equation because you don't pay for these with cash.
You also get the added benefit of tax back. So this is added in too.
Cashflow = Rent – cash deductions – tax savings.
Fantastic – thanks Terry. Exactly what I was looking for.
There is good reason they call me "Australia's leading property coach" !
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
This is how I would do it.
List all the cash expenses in rows in excel
strata
rates
insurance
management
total
Then list all the non cash deductions
depreciation builing
depreciation fittings
loan costs (over 5 years).
total
Total costs = Cash costs + Non Cash costs
Income = rent
Taxable income of the property = Income less expenses
= Rent – cash costs – non cash costs.
If this is negative then you can deduct this figure from your other income. This reduces your tax at marginal rates.
If this is positive then it is added and you pay more tax at marginal rates.
That is the tax position.
To work out the cashflow position:
Income = Rent – cash deductions
leave non cash deductions out of the equation because you don't pay for these with cash.
You also get the added benefit of tax back. So this is added in too.
Cashflow = Rent – cash deductions – tax savings.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
People often get paranoid when trying to break the law
This is exactly what the ATO could do and it would be very easy with data matching. But just because the electricity was in another name doesn't mean it wasn't your main residence.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Probably best to sit down a use an excel spreadsheet. Only use the phone app for rough calcs.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Are you willing to go into a loan with someone you don't know? What if they stop paying the bank?
What if they were to die? Divorce? Bankrupt?
vice versa too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Did you live there?
If you did then it could be exempt for up to 6 years. What proof do you have you lived there? What proof would the ATO have that you didn't?
No minimum period.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Did you live there?
If you did then it could be exempt for up to 6 years. What proof do you have you lived there? What proof would the ATO have that you didn't?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Jamie M wrote:I doubt it – not with an OTP purchase.Cheers
Jamie
But there would likely be clauses which could enable either party to terminate the contract if x is not done by y. x could be registration of sub-division with y being the date.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Get some legal advice as you may be able to legally terminate the contract.
If you don't proceed the vendor will often just take the 10% and leave it at that. But they could also sue you for any short fall.
I can point you to a recent QLD case where a developer was awarded approx $1mil for a small unit that didn't settle – value about $600k from memory.
You could be bankrupted from this so seek legal advice asap.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No. Agents cannot value properties unless they are licenced valuers. A letter won't even help you. You need a valuation from a valuer.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
DOUGADCOCK wrote:thanks the bank did the valuation. Yes ill get a completely separate loan for the new property. Is that what you meant by stand stand alone. What i plan to do is get a 95% lvr using the equity from my IP and pay LMI with money i have. Is there any thing i should be aware of before i do this, This is my first time using equity, Will it effect my existing loan in any way with regard to repayments and the like. Any additional information would be greatly appreciatedYou should seek some advice on the tax consequences from doing that.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Don't do it until after settlement or you may face the risk of the loan being withdrawn.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
jared denny wrote:HelloThank you for time you have taken to read this post, any suggestions will be greatly appreciated
For a high income earner say 120kpa is it better to buy positive cashflow IP's or Negative cashflow IP's?, I have read Steve's book and Steve recommends positive cash flow properties, would you suggest they be after or before tax?
A financial advisor i have recently seen says, he would like to see a high income earner buy property using tax and tenants to pay the bills, So negative gear.
If your ambitions were to live mostly on a passive income how would you structure it?
Would you enter cheap with a 50k deposit, or buy in the Bowen for 500k, unit or a house? positive or negative? do you need more of a deposit? is it worth getting in with a lower deposit?
Jared. from this post it sounds like you don't understand the concept.
From an income tax perspective It would be better to positively gear every time because you would be making money.. But this is only part of the story. You will not get rich from positively cashflow alone – but probably worse off in the long run.
Capital growth is what you should be focused on. This is where you will make money. Aim for high rents as well. Rent is income and you want as much of this as you can get. If you get high growth with positive income this would be even better.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au