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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    When calculating capital gains tax we need to know what the cost base of the asset that was sold is.

    The capital gain will be the sale price less the cost base.

    To work out the cost base we need to know the costs for the 5 elements described under Section 110-25 of the ITAA 1997 which are:

    1. Money paid or required to be paid for the asset.

    2. Incidental costs of acquiring the asset, or costs in relation to the CGT event, for example, stamp duty, legal fees, tax advice, and so on.

    3. Non capital costs you incur in connection with your ownership, for example, interest, rates, land tax, repairs and insurance premiums (provided not previously claimed). Included are any expenses incurred while the property was an owner occupied property.

    4. Capital expenditure you incur to increase the value of the asset, if the expenditure is reflected in the state or nature of the asset at the time of the CGT event.

    5. Capital expenditure you incur to preserve or defend your title rights to the asset.

    The interest mentioned in the third element means interest incurred on loans used directly to acquire or improve the asset, but wouldn’t include interest on loan increases to fund private expenses such as borrowing for a holiday or car.

    Summarised from from PBR Authorisation Number: 45589
    https://www.ato.gov.au/rba/content/?ffi=/misc/rba/content/45589.htm

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I haven’t read any of the replies so apologies if this has mention mentioned above already, but I think you could have set this up better in several ways.

    1. Just one name on title and loan.
    This would have allowed you extra strategies down the track, improved asset protection, improved serviceability overall and have saved you tax.

    2. Paying PI
    Paying off loans is generally a good thing, but having IO can allow for so much more flexibility and assist with the saving of tax and early retirement possibly.

    3. Paying a deposit on an IP.
    If you use offset cash on an IP you will end up paying more tax on the IP and have a higher non deductible debt. Best to borrow 105% for any IP purchase.

    4. Using Redraw
    It is good to pay down the PPOR loan and then borrow, but using redraw will create a mixed purpose loan and you will then lose money by paying more tax as a result. Split before redrawing.

    5. Consider carefully who will own the next property purchase
    Can set yourself up for a few potential strategies years down the track.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    In your example it is the first one that is correct. Work out the capital gain first and then apply the 50% discount. This figure = about $36k in your example is added to your other taxable income.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Yes stamp duty could apply in either case, including removing or adding a beneficiary of the trust.

    Don’t forget to consider CGT. But generally this is easier going.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I am not an accountant, but a lawyer specialising in ‘structuring’.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Not much you can do really. Have you sought legal advice?

    You should never give a guarantee if possible, and if you need to then just one person should.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    1. generally not
    2. generally not

    But stamp duty can still result depending on the structure.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi allNew to the forum, have one IP and ready to buy two more this year.My accountant does not know enough about property so it’s time to move on, I got a surprise land tax bill as I bought in a family trust, he never advised me this would happen and I believe there is a way to set up a company as a nominee to avoid this. I believe he should of at least warned me I would get hit for land tax. Plus he charged me $200 for a letter to the bank for re-finance! So it’s time for a change.
    I need an accountant that can handle self employed with property, north west of Sydney would be preferred but not essential. If you have a great accountant or know of one that fits the bill please let me know.

    Accountants are not allowed to advise on land tax as this is a state tax and constitutes legal advice. Yet, he should have mentioned the dangers and suggested you get legal advice.

    Not sure what you mean by a company ‘nominee’. If a company is acting as trustee this doesn’t change anything however if the company is acting in its own right it would get the land tax threshold, but then there are different aspects to consider.

    You could try Paul at Price FInancial who is in northwest Sydney somewhere – Thornleigh maybe.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Rental return doesn’t really come into it. If you have other non deductible debt you would want IO otherwise you will be throwing money away by paying extra tax. Even where there is no other non deductible debt you should consider an IO loan with an offset as you can save the same amount of interest while building a buffer which can enable a quicker tax effective retirement.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Yes uncross them now while you can. Its like taking out insurance – you only need it when you need it but you won’t know when you need it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Interesting question – I am not sure of the answer, but possibly.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yes that is right AM.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    You generally won’t get free legal advice for commercial matters.

    VCAT is a tribunal, not a court, so less intimidating. You could probably do it all yourself, but if the other party has a lawyer they may trip you up.
    costs would be limited. i.e. if you employed a lawyer and won, you would possibly get the maximum allowable in costs award to you, but your legal fees may be higher.
    they may be able to take things to a higher court
    keep in mind if it goes to the tribubnal, if it gets that far, the other party is expecting to win too.
    Yes the tradesman could simply ignore any judgment against them. You would need to them enforce the judgment by making further applications to take property, put them into bankruptcy etc.

    Perhaps ring the Dept of Fair Trading as they may have jurisdiction over this sort of thing.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    spouses, parents, SMSF (a trust!), related party loans, gifts, etc,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Sorry, this is not an area that I advise on.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I think your tax agent doesn’t understand borrowing, or he is not acting in your best interest.

    Crossing securities is dangerous.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Personal money. I have lent money out about 5 times and have had 5 lots of problems. People just think they don’t have to pay it back.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Don’t lend anyone money.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    Realestate says that units in Cairns have 10+% rental yield.
    http://www.realestate.com.au/invest/1-bed-unit-in-cairns+city,+qld+4870?shd=rental_yield&zoom=12
    How is that possible???It’s too good to be true :)

    On that link you provided the capital growth was listed as negative 8%.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Sorry Fred, I meant the 25% deposit which would be more $42k according to your calcs. You have to work out what you would get investing $42k elsewhere and then compare this to what your return on this property would be.

    In terms of building a portfolio you have to consider serviceability. How many loans could you qualify for before tapping out. Unless you have a huge income it won’t be too much. So borrowing now for a property that puts $10 per week in your pocket may mean you cannot borrow later for a property that grows at 10% pa. So there is an opportunity cost.

    You won’t get rich buying property that doesn’t grow in value. Positive cash flow is good, but not on its own its not.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 1,241 through 1,260 (of 16,319 total)