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  • Profile photo of TerrywTerryw
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    @terryw
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    s0805 wrote:
    To answer you question what will you be doing with the funds until they are needed for a property purchase ? I will be in market looking for properties or hire buyer's advocate to find me property eith their fees. I mean I will be redrawing 95K in Mar 2012 but i will not be spending this money until I make the property purchase ( e.g. in May 2012), the gap between Mar 2012 and May 2012 I
    S0805

    Where will you put the money? If you borrow it then you will have to place it somewhere until you use it. This may break the connection between borrowing and investingl

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

    S115-30(4) couldn't apply in this case because the interest of the deceased didn't pass via the estate. If the property was held as Tenants in Common it would have applied though.

    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 the car and receiving cash. that generally poses no tax issues.

    That doesn't mean you can claim the interest on the car. that would be a separate transaction. If you are using it for private reasons then the lease wouldn't be deductible. But if this is a salary sacrifice arrangement you might be reducing your income by the lease amount and saving a bit of tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    When a joint tenant dies the survivor is treated as having acquired the deceased's interest in the property on the date of their death. s128-50 ITAA.
     
    So Blade if you had waited 11 days you could have saved $15,000 in tax. (not trying to rub it in, but just wish to point out to others the importance of getting legal and tax advice).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    12 months is from date of contract for purchase to contract to sell

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You could make an application to the court to modify the easement – s89 Conveyancing Act NSW

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

    I don't know much about easements. But they can be not registered and still valid.

    EG. s42(1)(A1) Real Property Act 1900 (NSW)

    REAL PROPERTY ACT 1900 – SECT 42 (NSW)

    http://corrigan.austlii.edu.au/au/legis/nsw/consol_act/rpa1900178/s42.html

    42 Estate of registered proprietor paramount

    (1) Notwithstanding the existence in any other person of any estate or interest which but for this Act might be held to be paramount or to have priority, the registered proprietor for the time being of any estate or interest in land recorded in a folio of the Register shall, except in case of fraud, hold the same, subject to such other estates and interests and such entries, if any, as are recorded in that folio, but absolutely free from all other estates and interests that are not so recorded except:

     

    (a1) in the case of the omission or misdescription of an easement subsisting immediately before the land was brought under the provisions of this Act or validly created at or after that time under this or any other Act or a Commonwealth Act,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sounds like you seen a property sales person rather than an investment advisor. Be very careful

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

    I am not an accountant, so cannot be sure, but if there are losses in the trust and these cannot offset the capital gains then the losses would be carried forward to be offset by future income.

    But you would need to go about things very carefully as one of the requirements for a valid trust is property. So you would have to keep some property in the trust (maybe even $10) even though it would have a negative balance and negative income.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Good point Catalyst!

    If they were spouses (married or defacto whether same sex or not) then only one main residence between them.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would imagine that your interests in the property would be treated separately.

    If you are renting the property out after establishing it as your main residence then the CGT exemption could apply if you have no other residence which you are classing as a main residence

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Well, companies cannot get the 50% discount. There may be more exceptions too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Ghorvath wrote:

    If my wife and i 

    Who is purchasing you or both?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Generally yes. an asset held more than 12 months gets the 50% CG discount. This amount is then added to your other income which determines hte tax payment (after deducting other expenes)

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Trusts are considered separate entities for tax purposes. So any loss resulting from income will be carried forward but cannot be used to offset anyone else's income.

    If a trust sells a property and makes a capital gain then this is different class of income from the income loss which is carried forward. But, the trust deed may permit the reclassification of income. So a CG could be converted into income.

    But I am unsure if it could work out that the capital gain could be offset by the income loss.

    I am not sure what you mean by the last few sentances – with a trust 'you' don't get any tax deductions, the trust does. also not sure about the last one a trust can get the same deductions as a person can.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You should note that site is for Tax Professionals. If you are using one you should probably be OK. Even if you are penalised it won't be much and you can ring them up and ask them to drop the penalty and they probably will.

    If you are seriously ill then ask the ATO to wipe your tax debt – there is a good chance they will wipe it completely.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes the 6 year rule can aplly after you move in and then out again.

    So if you live in year 1 and then move out in year 2 then it could be CGT free from up to 6 years.

    But if you rent it out for 1 year and then move in for 1 year and out again and rent it then the first 1 year will mean CGT applies but it could be exempt from the subsequent absence and this would probably mean you are only charged CGT on the percentage of the time you were renting it out for the initial period.

    eg. you rent for 1 year first then it could be exempt for 6 years so CGT would be 1/7 years = CG x 1/7.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Not neccessarily as it was technically due back in Oct

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You cannot just decide to pay the CGT in a different financial year. You must pay it in the year the contract was entered into. So if you signed contracts in july 2010 the tax would be part of the financial year of 2010/2011 which would be due about now.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You can only get hte main residence exemption once you have established in as your main residence and this probably means moving in.

    If you rent it out first hten it would be subject to CGT based on the time it was a rental. So if you rent 1 year out of 10 then 10% of the gain would be subject to CGT – but you would get the 50% CGT discount on this

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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