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  • Profile photo of TerrywTerryw
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    wobblysquare wrote:
    My understanding is that it is 6 years…although maybe I am confusing this with PPOR CGT exemption. However i also think it is not necessarily limited to this. ATO have, on occasion, still asked for GST on developments sold after this period.

    Wobs
    http://www.austlii.edu.au/au/legis/cth/consol_act/antsasta1999402/s40.75.html

    5 years according to the GST act

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I have been in Japan for a few weeks now and first lived here in 1990. Prices in generaly have not risen since 1990 and some things have gotten cheaper. There is a problem with deflation and widespread economic pessimisim. I don't see things improving in the near future. Not the place to be investing in I think.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Why not borrow to pay investment expenses?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Christian,

    5 years is a long time! You would be better off in some sense, but also could be better off in selling and doing another project (or 2) in the meantime.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, 5 years I believe.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    One is a sale the other is an option to buy

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I don't know the first thing about US property, you would need a lawyer over in the US if purchasing there.

    You could try Morrows Legal in Melbourne. http://www.morrows.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I am sure Paul will post here shortly, but You may need to be licenced to sell under an installment contract.

    This won't free up borrowing capacity as you will still be the legal owner and have your loan in place until settlement.

    1. depends on the contract
    2. depends on the contract. The buyer may need to be compensated if you terminate though.
    3. put it in the contract or build it into the price

    5. Yes it would be for the extra work. $500 to $1000 approx.

    Have you considered a lease option?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Your missing something Sundance.

    If you default the lender can automatically take any security property.

    If you had them separate it would be much harder and longer for them to get their hands on non security property. You would give you more time to get back on track or to sell etc.

    If they are crossed and you try to sell one this will mean the bank will need to give permission for you to sell. They will need to revalue the remaining ones. If they have dropped in value or your LVR is unacceptable because of a change in policy then the bank can direct that you pay down the loan with the proceeds. This may not be a good point for deductibility reasons and for other reasons – such as needing the money.

    I had a friend who had 2 properties crossed. He had a heart attack and was trying to sell them but the bank stuffed him up and he went bankrupt as a result.

    Don't do it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, you don't know what you don't know do you.

    Same with all areas of life.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    So a tenant wants compensation because they damaged their own car on a drve way that you don't own?

    Why are you trying to contact the previous agent?

    Just tell the tenants you are not responsible and won't be providing compensation

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    good find wobbly  nice easy to understand examples

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Another tip is to read the whole contract word for word. You would be amazed at how many people who enter an agreement without knowing what they have agreed to.

    Start at the special conditions and take special note of these and then read all the standard conditions clause by clause. If you want something changed then tell your solicitor and they can ask the otherside for it to be changed. It may not always be agreed upon, but doesn't hurt to ask.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Well you will be using one anyway so why not get them to show you how to make offers with a few conditions. Should cost much more if anything.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Don't tell me you are going to buy a property without legal advice?? Spending $1000 now could save you hundreds of thousands later.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Under contract law if an offer is accepted then there is a binding contract. But for land this is qualified by legislation which states that an offer to buy or sell land has to be in written form to make it binding. Doesn't necessarily have to be in the form of a formal contract. Could be on the back on an envelop

    So if you are making written offers seek legal advice first.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thats ok as long as he doesn't catch the disease 'analysis paralysis'.

    I have been studying trusts for about 13 years now and am still learning.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Think it thru.

    The one loan was used to purchase the property as a whole. So it can be attributed to both blocks. You will need to speak to an accountant about the portions but it should be split into 2 loans. You can have both loans stand alone with no cross security used.

    Tax deductibility shouldn't be an issue if you intend to build and rent or sell.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    KrisM wrote:
    Great help Jamie, it's appreciated.

    Terry, thanks for your expertise on land tax. I hadn't thought of things that way. It would make a lot more sense to get a few properties under our belts and utilise the benefits as indeviduals before creating companies and the like.

    The little ducks are starting to line up.

    Cheers
    Kris

    It may make more sense from a land tax point of view but this is only one thing to consider. Sometimes it may be worth paying more in land tax (which is deductible too) to get some other benefit such as:
    – asset protection
    – income tax flexibility
    – trust assets not forming part of your will and safer from being challenged
    – flexibility
    etc

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You will be selling new units so 1/11th of the price on them would be GST.

    Against this you would be able to claim any GST claimed.

    You may also want to look at the margin scheme

    Not sure if the demolition can affect thngs such as GST, it will affect CGT.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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