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I found the book on sale ($2) about 6 months ago, and it has sat on my self since then. I’ve just started reading it, and it is not bad so far.
Terryw
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You may lose all or part of your CGT exemption if you are creating an income from the property while living in it. I beleive the 6 year rule cannot apply in this situation.
Please speak to a good accountant before you do anything.
Terryw
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Yes it may be possible, depending on your income etc.
You could reduce your repayments by one or more of the following:
– increasing your loan term
– changing to IO
– finding a cheaper interest rateTerryw
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These days No Doc type loans are available at 70% LVR. This would be the easy option for you.
Terryw
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Here are 4 Taxpayer Alerts:
TA 2005/5
Use of an outbound offshore re-invoicing arrangement to avoid or evade Australian taxTA 2005/6
Use of an inbound offshore re-invoicing arrangement to avoid or evade Australian taxTA 2005/8
Asset transfer to an offshore structure at below market value with subsequent use to produce income not attributed to the taxpayer for Australian tax purposesTA 2005/7
Asset transfer to an offshore structure at below market value in anticipation of resale to a third party at market valueAll available at http://www.ato.gov.au/atp/
Terryw
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Carl
Let us know if they get back to you.
Terryw
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It is still possible to find cashflow +ve property in major cities. In the past few years at least 2 of my clients have found them in Sydney.
I would be very wary of buying in ‘bad’ areas just because they are cashflow positive.
Terryw
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I have spoken to a few lenders about this before. Bankwest, Adelaide Bank and Liberty Finance are some that have indicated they will look at these sorts of deals.
Terryw
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Hi Carl
My non accounting opinion is that capital losses can be carried forward until offset by a capital gain. I don’t think there is a time limit.
However, for a trust to carry forward a loss various requirements must be met before the loss can be claimed.
You must look into the trustee making a Family Trust Election. see http://www.ato.gov.au/businesses/content.asp?doc=/content/40272.htm&page=1#H2
BTW, if your trust does have a loss, it may be worthwhile setting up a new trust for future assets so the gains can be strategically distributed instead of automatically being offset by the loss.
Terryw
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Maybe you could partner with a third party – buying in their name?
However, if your wife found out she could possibly argue that the property is being held in trust for you.
Terryw
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Hi Barb
The Hart’s case involved a certain loan product which was classed as a scheme to avoid tax – hence Part IVA applied. It was done with the dominant purpose of obtaining a tax benefit. It was a case involving investment loans – not about borrowing business expenses.
I have been advised that it is still possible to do something similar if you set it up differently. ie you can borrow to pay business expenses including interest and the interest on interest will be deductible.
Terryw
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I’m at around 30% LVR. I am just uping this a bit – values have grown too quickly to keep up with.
Terryw
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Hi Don
We are about to knock it down and build a duplex. It is a bit too old. Beleive it or not, none of the units have a bathroom – just a toilet.
Terryw
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Watch out for serviced apartments. There can be various problems such as:
– high management fees
– low growth
– difficult to get finance
– difficult to sell.Make sure you do your homework thoroughly on one of these.
Terryw
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A few years ago, a friend of mine purchased a unit in Shanghai, right in the city. It was positive geared from day one and since then has more than doubled in value. She reckons there are still some cheap bargins out there, but you have to be careful of the area as many places in Shanghai have already boomed.
Terryw
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Hi
I have a block of units in Osaka Japan – very old and run down.
ALso looking at Thailand at the moment, hopefully a block of units. Don’t worry – they are cheap.
Terryw
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Hi
I beleive each trust has to be exactly the same as the original – otherwise the ATO may deem new trusts to be established.
You had better seek good legal advice on this. Brett Davies talks about trust splitting in his newsletters sometimes – and claims a 100% success rate i think. see http://www.lawcentral.com.au
Terryw
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Cata
Yes, if they can get access to your tax returns, for example, and see income coming in. Good point.
Terryw
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Hi Donald
Simon has answered, but I might just add that if you use a LOC for investment purposes it can still be promblematic. Every deposit you make is a repayment. So when you withdraw funds it will be classed as new borrowings.
If you only ever withdraw funds for investment/business purposes then the whole interest charged would be deductible, but it could be messy apportioning it between your various investments.
Terryw
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Hi
You could be lending money for a fixed interest rate. eg. you lend 20% deposit for , say, 15%.
or
you could put in 20% deposit and split all costs and all income 80/20.
With the second, if you are not on title it can get messy with working out tax savings etc.
Terryw
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