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What sort of price are they asking? A friend of mine is getting $130 per week for allowing a ATM machine to be placed in a wall of his shop.
Terryw
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Cata
Sounds good in theory, but it would probably be very hard to get a loan for something like that. It would be very messy.
Generally the loans will need to to be in the name each title holder. But what you could do is get 3 or 4 splits, with each split used exclusively by each partner. So each can pay as much or as little as they like. However each partner would be responisble for the whole debt. So if 3 of the 4 partners refused to keep paying, the 4th will have to pay etc.
Terryw
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Ptn
Get some proper advice on this first.
You should not be holding property in the same trust that have traded in. What would happen if something you did contracting goes wrong in a years time and you get sued?
Also be careful on putting in too many trustees. This increases risk, and also can cause problems with loans down the track.
Terryw
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Yes, LMI is a borrowing expense and can be claimed over 5 years or the term of the loan if you refinance earlier.
Even if you initially lived in the property, you should be able to claim the LMI, possibly 100% of it.
Terryw
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Yes.
Terryw
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You should take into consideration your views on rates, but also the inflexibility fixing creates – it may be harder and more costly to change lenders. And this could hinder your expansion.
Terryw
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I have an office in Parramatta, and sometimes even go in there. Not too far from the Hills District.
Terryw
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Also consider Dale Gatherum Goss. http://www.gatherumgoss.com
Terryw
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Not sure of Steve’s 2nd kit, but I have hte first one and it doesn’t include contracts.
Terryw
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Hi
It is very confusing. My understanding is that in Victoria, the trustee must pay an additional surcharge as well as land tax. But the trust may nominate a beneificary who can pay the land tax on behalf of the trust, and I assume get some relief with the tax free threshold. But a beneificary paying the land tax may not actually be able to claim a tax deduction. see http://www.moorestephens.com.au/main/newsandevents/documents/Land%20tax%20concession%20for%20discretionary%20trusts%20has%20income%20tax%20sting%20in%20its%20tail.pdf
As far as I am aware, the main benefits of a property investors trust may have gone out the window now that unit trusts are considered the same as discretionary trusts for land tax purposes. ie Land tax should be the same in this trust as any other trust. But it may still be worth having a unit trust with the units held by a discretionary or hybrid discretionary trust for other reasons.
There are no annual fees for a trust. A tax return must be done and there are accounting fees for this. But it shouldn’t be too much extra compared to owning the properties in your own name.
WIht companies there is an annual ASIC fee of about $400, and a tax return as well.
Terryw
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Elka is correct. You can have a look at the legislation here:
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html
But there is also an opportunity where you can claim the main residence exemption on two places at teh same time for up to 6 months:
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.140.html
Terryw
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Smarter to rent in many cases. You can still claim your sydney home as the main residence for 6 years and get deductions on everything, and not living in your gold coast home means you can claim everything on that too.
But all this will depend on loan sizes and incomes etc.
Terryw
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Looks like they have only looked at 176 loans, Not many in the scheme of things, but this figure will obviously increase.
Also seems the ATO is especially looking for people who have not lodged returns at all.
It looks like No Doc loans are going to get much more popular in the next few years.
Terryw
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You could try and locate Lewis O’brien in Melbourne. He is the wrap expert down there. Sorry don’t know anyone in Canberra. Tony Cordato in Sydney may also be able to help, http://www.businesslawyer.com.au
Terryw
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I think having a HDT is very good. As you say it can run as a normal discretionary trust until needed. There should be nothing extra at tax time until it starts issuing units.
Which website did you read about HDTs being a grey area? Recently Lawcentral have been promoting them, and http://www.bantacs.com.au have given them the thumbs up too, they did have some reservations before.
But as more and more people start to use them, it could get the ATO interested in looking at them closely. So just make sure you set up correctly with a good accountant.
(I have seen clients come to me with big problems, including loans in the wrong names for properties in the HDTs)
Terryw
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You will have to ask the bank. Generally loans must be in the same names as the title of the property, but with spouses there can be exceptions. Not sure of ANZ’s take on this tho, probably would have to be in both names. Either way you partner would have to give income details etc as if they were not on the loan, he or she would have to guarrantee it.
Terryw
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They just need a list of all your expenses, all your loan costs, and all your income.
Also they would need to see any depreciation report done by a quantity surveyor.
Terryw
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I did this a few times last year when I was in Thailand. Its amazing isn’t it – free international calls.
Terryw
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What! quit your job?
There is still a point in claiming things, even if you have a loss as the losses can be carried forward.
If you set up a trust, you won’t be saving tax, but you will be protecting your assets, and the trust may also assist in reducing CGT down the track if you happen to sell when you have income. It adds flexibility.
Trusts can carry forward losses too.
Terryw
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I have just started doing my own tax again after many years. It is a great way to learn taxation issues.
Nats, if you are a bit worried, why don’t you do everything yourself as if you were going to lodge it, and then give it to your accountant. See how you go, if the accountant doesn’t pick up anything you have missed, consider going on your own next year. Thats what I did for a few years.
Terryw
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