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    Can capital loss in Shares offset gains in property?

    Hi, Indexation can be used to increase the cost base of an asset that has incurred a Capital Gain instead of using the 50% discount method if the asset was bought before 21 sept 1999, this is probably where you are getting the indexation terminology from
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    To buy in a trust or own name

    Ianvestor, technically this is correct in Victoria, the trustee company and trust should be in existence. In practice there are many punters who have post contract dated Corporate Trustees but you could get caught on it and if so you will get it stuck in your own name. A good idea is to have a...
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    Family Trust query

    Yes Brown Dog, you can start claiming those ten years of losses once the trust makes a profit
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    Family Trust query

    HI, Trusts are the preferred structure for growing businesses and those with growing property portfolios but the reason that you would use a corporate trustee over an individual trustee is for asset protection. Trusts have innumerable tax advantages both for Capital Gains Tax and for Income Tax...
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    Starting a SMSF

    Hi Sheryn, I want to reiterate your post that SMSF's cannot trade or run businesses. There have been practitioners in the past who have promoted this but it just doesn't fit with the sole purpose test of Super which is to provide funds for Retirement. Using a Comsec account and coming up...
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    capital gains in different years

    Hi, The whole of the Capital Gain would be assessed in the 2010 financial year. A Capital Gain is triggered on the date of a signed contract and all conditions have been satisfied.
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    Drawbacks of buying resi IPs in SMSF?

    Hi Mr Goblin, I used to love the Green Hornet reruns on Foxtel but Green Goblin is still a good character. If you have $200,000 in Super it's there anyway. You just need to decide what you want to do with it. Yes you are restricted in the ability to regear with Equity growth etc. but I...
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    Property Development & SMSF

    Hi Euro73, This is correct, one complete purchase. It's the SIS regulations that prevent it not the banks, they are working off their own legal advice.
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    Q - Audit Insurance? Worthwhile or Rip-off?

    Exactly Babushka, if you don't want to pay it don't take it up and if you are asked by any authority to help them with information then you can do it yourself. It's great living in a democracy you get to choose.
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    Q - Audit Insurance? Worthwhile or Rip-off?

    Hi, We have offered all our clients Audit Insurance because the amount of audit activity has increased 10-15 fold over the last 3-4 years. The Data Matching facilities of the ATO, SRO's, Workcover Authorities and other Government departments is getting more sophisticated and we are finding...
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    Portfolio Structure

    Hi Kals, A Trust could be beneficial for your long term property holdings but you may have some losses trapped in the trust for a couple of years until they become positively geared. If you are looking at positively geared properties immediately trusts are a good way to go with a trustee...
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    Capital gain tax rules...

    Good for you Rumplestiltskin, this is tax planning at it's finest and all done for lifestyle or commercial reasons of course and not for a tax reason.
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    Does it mean that we don't pay CGT if it produces income for < 6 years?

    Hi, You may use a trust to distribute to other family members and pay the least tax that you are legally entitled to. Never, I repeat Never, buy appreciating assets in a company structure unless you run a business worth over $5,000,000.
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    Can Gapital Gains in Property be offset by Capital Loss in Mutual Fund?

    Only if they are in the same structure
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    Tenants in common for CGT

    You are right on the mark Marg, joint tenants equals 50/50 you cannot choose who will take the capital gain. It must be evenly split.
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    Using an SMSF as an investment structure for a negatively geared investment property

    HI Jo, JV's are a way to go but that 80% JV Partner is tying up Equity in another asset and the capital growth in the 80% JV partner will be subject to CGT whereas if the 80% was a loan through the SMSF then the Capital Growth would be tax free after 55 ( subject to conditions ) and you are...
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    final ruling on hybrids

    HI Forumites, The silence has been deafening for you because I am still recovering from RSI from the amount of previous posting I did on this topic regarding HDT's and the ATO's views on this over the last 18months. Please take the time to research my previous posts on HDT's because...
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    Using an SMSF as an investment structure for a negatively geared investment property

    House Keeper, For those of us that like to pay Principal off our loans there is another big advantage here with SMSF Loans. The advantage is that Super Contributions can be used to pay off the SMSF Loan meaning an effective tax rate on Loan Repayments of 15%. Not many of us can pay off loans...
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    Commercial Property and SMSF with a twist

    Hi Bagg, First you would need the council to OK the premises as a medical practice and receive a commercial permit. Then you would be able to transfer the property into your SMSF and potentially not pay any stamp duty if the property is in WA or Victoria. If the sole purpose of this is to...
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    Access equity of superfund property

    Snappy, As per my previous response the only way you can use the equity in the building is to take it out of the SMSF as a lump sum on retirement
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