You will pay all 3 but the seller will reimburse you for the discharge of their mortgage.

The client is at fault and will wear any penalties. but they may be able to sue the accountant for negligence and breach of contract.

Yes any loss (negative income) can be carried forward till the next year, and then carried forward again until your income is positive.

What can you do? Not much without changing ownership. Your wife could borrow to buy your share of the property. she could borrow to do so and claim the interest. It would be a CGT event and a stamp duty event, but you could be exempt from duty if the property is in VIC.

Your comments about the company is not correct. If a company owned the property now for example there is no tax advantage at all. But if the income exceeded the rent the company would be paying 30% tax whereas you would be paying nothing up to $20k pa in income.
transferring to a company will also result in CGT and stamp duty and later when the company sells the property there would be no CGT discount so 30% tax payable compared to a max of 25% for an individual.

Are you able to divert some income from your wife to yourself?

Buyers agent fees are not deductible, neither are building inspection costs. Both are capital expenses.

It happens heaps, but often the other way around. Accountants may tell a client they can claim something when they cannot. This is very common with interest. Probably half clients that come to see me are probably claiming more than they are entitled to, while the other half is claiming less.

If you rented it out for 3 months and it was then your main residence, including any absence where you are still claiming it as the main reisdence then you can use the formula at s118-185 ITAA97

http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.185.html

CG x non main residence days/ days owned

(i had the wrong section above – s118-192 is for moving out of a main residence and renting)

Most lenders should be able to do over 45sqm.

i’m Not in debt to legal aide can I request they remove the caveat..?
Do I have any legal rights to sue them for wrongfully placing the caveat on it ..?
can they sell the property without my consent..?

Yes – you can, but they may be entitled to have a caveat on the property
Yes – if they had no right to
Yes – they will need to appoint a trustee who can then sell the property. You might be able to buy you mothers share.

the facts sound very unusual – an uncle paying a caveat beccause of CGT. Is this some sort of trust arrangement?

If he is on the loan then he would have an equitable interest in the property. Even stronger interest if he is paying it too. This would be taken into account in any property settlement relating to divorce.

If you don’t have a will he will probably get all of your assets under the intestacy laws (this will depend on whether you have children from another relationship etc). You should still have a will though. Even if you have a will and decide to leave it to someone else he will have 2 or more grounds to contest the will – family provision and estoppel.

How can you make an offer without knowing the terms. You need to see a contract before making an offer. What if has conditions you are not aware of. What if there is a caveat on title, or an easement etc. I would also ask for a contract before making an offer.