ABN and GST query

A couple of questions relating to the use of an ABN for a LoDoc loan.

We have had an ABN for abt five years now, but over the last 2 years it was deactivated for abt 6 months. Does anyone think the banks will have a problem with this, regarding the 2 year requirement ?

Also, regarding LoDoc loan requirements. Our only use of this ABN was for the business of constructing/selling a couple spec homes. Now that we only buy and hold our investment properties, is there a requirement for the ABN to be registered for GST, which is currently deactivated ?


Mark
 
Mark,

My understanding is if you have commercial IP you need to register for GST, otherwise for residential buy & holds you dont. I would check with your tax accountant professional to satisfy yourself tho.
 
Hiya Mitt

Different lenders have different requirements.

Some are happy with a 2 year ABN, some need 2 years with GST, especiallly hwre your income is above 50 k.

Id suggest you sit with a good broker and work out what you need,thence find a product around what your current and future cirumstances might be

ta
rolf
 
Mark remember that you are required to register for GST when you believe your business turnover will be greater than $50K PA and not your profit.

I dont think it will be to much issue but may merely limit your options.

Still many a good deal to be had.
 
if you have commercial IP you need to register for GST, otherwise for residential buy & holds you dont.

Thanks Rixter, yes our IP's are residental so no worries there but of course we will talk to our accountant.


you are required to register for GST when you believe your business turnover will be greater than $50K PA and not your profit.

with regards to residental IP's, does BUSINESS TURNOVER include the rents received. For example, if your IP's gross more than $50k in rent does this mean we should register ?

Mark
 
Hello mitta

Your question related to the registration of an Australian Business Number for the purposes of applying for a low doc loan.

Most lenders require two concurrent years registration, however there are some lenders which will take twelve months and others which will accept one day's registration. There are also lenders which require no ABN to be registered.

However, if the amount you wish to borrow would require an income of more than $50,000, and you are claiming only the one business activity, then you would need to be registered for GST at the time of making the application.

This is because it is compulsory to be registered for GST if you income from non-PAYG income is more than $50,000 per annum from that business activity.

So if you were declaring an income of, say, $80,000 per annum but were not registered for GST the lender would be cautious about accepting your statement of earnings.

However, one of my customers had two differenct ABN and was not registered for GST. The lender did accept a combined income of $90,000 on the basis that neither business activity grossed more than $50,000 per annum and was not therefore required to be registered for GST even though combined gross business income was above the registration threshold.

Regarding your subsequent question regarding residential rental, to the best of my knowledge GST is treated as input taxed supply with residential property and therefore there is no requirement to be registered for GST with specific regard to this income.

Equally, the ATO has previously advised me that there is no requirement for a landlord of commercial property to be registered for GST if their only non-PAYG income is the collection of rent from commercial property. Again, income and expenses relating to that property can be treated as input taxed unless and until the relevant share of the rent exceeds $50,000 per annum.

This means that the rent could be, say, $99,500 per annum, and the property owned by two people, each of whom receives $49,750 gross rent per annum. This is below the threshold and they would not need to be registered, although they could choose voluntary registration which would enable them to claim tax credits for the whole of the GSt on expenditure relating to the property.

Input tax credits are only rebated at your highest marginal tax rate, not the full amount of the GST rebated through the BAS system. If the property had a high level of operating expense paid for by the owner it may be financially advantageous to register for GST.

You could reactivate your previous ABN but it would depend on the individual lender whether or not they would accept your explanation regarding the interruption to business activity.

Hope this helps

Kristine
 
Most lenders require two concurrent years registration, however there are some lenders which will take twelve months and others which will accept one day's registration. There are also lenders which require no ABN to be registered.
Hi Kristine, thanks for the reply,

Hopefully our broker will find us a good lender that is happy with our situation and they are compassionate with our explanation of why we cancelled our ABN. We had a death in the family and just didn't want to build any more spec's, but as it turns out we reactivated our ABN almost 22 months ago and now only purchase residental buy/holds. Therefore we found no reason to re-register for GST (being residental rentals). But as we are now approaching our serviceability limit, we are looking at the LoDoc situation, and the use of our idle ABN.

Is this the normal path for wages earners who have a few investment properties and are getting close to their servicability limit. Do they then acquire an ABN and tell the lender ( a little white lie ) that they are in property development or something similiar, that they are running a business ( even though they are just buying long term rentals ) to be able to source further funds by means of going LoDoc ?

Also do lenders give LoDoc funds to wage earners or is it just to business etc ?


Kristine.. said:
However, if the amount you wish to borrow would require an income of more than $50,000, and you are claiming only the one business activity, then you would need to be registered for GST at the time of making the application.
This is because it is compulsory to be registered for GST if you income from non-PAYG income is more than $50,000 per annum from that business activity.

Q. Would we need to register for GST if we are earning, say $40k each from PAYG income and our estimated business turnover from the one business activity, was say $45k ? Also because we have the title in two names, as you have detailed, our turnover could be twice that say $90k and still not be required to register ?

You may notice that I am trying to avoid registering for GST again, as I can just imagine there are many who hate doing their BAS. Many thanks.

Mark
 
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