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Property Newsletter – May 2016

4 reasons why you should use a mortgage broker

When it comes to investing in property and building a large portfolio, a good mortgage broker will play a significant role in boosting your personal wealth.

The popularity of mortgage brokers has increased significantly in recent years, so why is it important to use these specialists rather than directly engaging a lender?

Here are 4 reasons.

  1. A good broker can strategically arrange your finances and loans so you can access a higher volume of credit.
  2. A good broker can structure your finances to suit your individual circumstances (i.e. your financial capacity, investment goals and life circumstances).
  3. A good broker will have access to a wide variety of lenders. In Momentum Wealth’s case, more than 40.
  4. A good broker will save you time and money as you won’t have to shop around to find the best deal.

There a number of benefits to using a mortgage broker, but it’s important to note that not all brokers provide the same level of service.

It’s critical to engage a broker that specialises in investment loans because they will have a deeper knowledge and more experience with such transactions, whether it be for the direct acquisition of a residential property, to finance a residential development, to invest via a SMSF or to purchase a commercial premise.

Overall, a good mortgage broker will provide the right advice and recommendations that will help you to build a larger property portfolio much faster.

Before you even start your search for an investment property, you should engage a broker who specialises in investor loans to gain a comprehensive understanding your financial capacity.

The importance of unbiased research

Most investors would agree that buying a high-quality investment property requires comprehensive research. So why do so many fail to achieve the returns they hoped for?

While it’s true that some investors conduct inadequate research before they buy, the real problem for investors is that most research is not designed with the investor’s goals and interests in mind. This can lead investors to make significant investment decisions based on information which is, at best, incomplete or, at worst, misleading.

During your research, it’s wise to consider who the research was originally developed for.

For example:

Property developers commission research to find sites that will be the most profitable and provide the best economies of scale, to allow them to develop and profit again and again.

  • Property industry bodies collect data and report on city-wide and nation-wide statistics and trends. This information is interesting reading (hence why it’s so eagerly published by news media outlets) but it doesn’t give much insight into how local areas perform for investors – and more importantly, why they perform (or fail) the way they do.
  • Property marketers conduct research on local economic and property market activity in order to find the best ‘good news stories’ to use to market and sell their client’s development project.

So how can investors be sure that their research will lead them to find and acquire a high-quality investment property? Here’s some tips from our research team on what makes property research work:

  • Collect a large volume of data, from a wide variety of sources. This could include your typical real estate data, government-collected data (e.g. Census), industry reports and economic indicators.
  • Consider the macro factors (i.e. city-wide factors) of economics and population trends, as well as the micro factors (i.e. street-level factors), such as local area gentrification and the emergence of new café strips. Public and private spending on infrastructure should also be analysed.
  • Some of the most valuable data is not published broadly. That’s why our research team consistently record suburb-level supply statistics, track upcoming property developments and read local council minutes. These behind-the-scenes details can make or break a property’s performance.

What lies beneath – unearthing your site’s secrets

Asbestos, building rubble and even kitchen appliances – buried secrets that can be detrimental to your residential development and how to find them.

Many investors only focus on the structural aspects of a property, i.e. the house, when searching for their next development site.

However it’s always a good idea to find out what lies beneath the surface of a site, otherwise you might end up with a costly remediation bill.

Case study: Development site with (hidden) pool included

Take the below case study, for example.

A client approached Momentum Wealth to find him a development site with specific features, including:

  • Located in an established area
  • Close to parks and amenities
  • Good capital growth drivers
  • High rental demand

Our research team worked with our buyer’s agents to create a shortlist of possible sites that met the client’s criteria.

After completing some initial feasibility calculations we identified a development site and, with the client’s approval, placed an offer on the property, subject to due diligence.

As part of our due diligence we conducted satellite photo analysis which discovered a very serious issue with the property.

Below the surface of the site was an old pool that had been buried by the owners some years earlier.

Our investigations found satellite photos that showed the pool being buried and a soil test determined that the pool wasn’t filled in correctly, which could cause soil erosion and costly damage to any future development on the site.

Because we were able to identify the issue during due diligence, we were able to negotiate the remediation of the site at the seller’s expense.

This case study illustrates why it’s imperative to complete adequate due diligence, including soil tests, when buying your next development site, even if everything above ground seems fine.

If you fail to do so, you may buy a property with severe geotechnical issues that could cause significant damage to your development and could cost thousands of dollars to repair.

5 actionable tips to keep good tenants

Too many landlords take a ‘set-and-forget’ approach once they’ve leased their investment property, but being proactive can potentially save you thousands of dollars.

Once you’ve secured a tenant for your investment property, it’s easy to sit back and expect the rent to roll in.

While it can be as easy as this, it can also pay to be more active to address any issues that your tenants may have with the property to ensure they remain satisfied.

A happy tenant is likely to stay longer, which will save you a lot of money by avoiding more frequent vacancy periods and, subsequently, lost rental income.

Here are 5 actionable tips you can use to keep your good tenants from moving out.

  1. Suggest including a regular gardening service as part of the rental agreement. This will give you peace of mind that the property is being maintained and the tenant will appreciate not having to complete the work themselves.
  2. 3 months before the lease renewal is due, compare your property with other similar properties currently on the market. How does the rent and the quality of the properties compare? If other properties have better features (e.g. air-conditioning or a dishwasher) or the rent elsewhere is substantially cheaper, you could be vulnerable to losing your tenant. Once you have a clear idea on how your property stacks up, determine if a small rent adjustment or investment in new features or amenities is necessary.
  1. Attend to repairs promptly to ease the inconvenience on the tenant. When you have a tradesperson on site, pay a little extra for them to check and test other fixtures at the property and give them permission to fix small items straight away. This will help prevent future maintenance issues, which means savings on call out fees for you and less time and frustration for the tenant.
  2. Don’t leave personal belongings at the property, unless negotiated as part of the rental agreement.
  3. Maintain space between you and the tenant. If you’re self-managing the property, keep the relationship professional and conduct routine inspections at agreed times. If you’re utilising a property manager, it’s best not to contact the tenant in any circumstances but communicate with them via the property manager.

Suburb boasts premium location and amenities

The suburb has the lot – quality schooling, extensive golf courses and parklands, a major regional shopping centre and is in close proximity to the beach.

Karrinyup is located in the City of Stirling and conveniently located just 12 kilometres from the Perth CBD and 2km from Trigg Beach.

There are a number of good schools in the area, including Deanmore Primary School, Newborough Primary School, Karrinyup Primary School and St Mary’s Anglican Girls School.

The suburb’s median age is 40 years and it comprises a population of about 8,500 residents.

More than 30% of the residents aged over 15 years identify as professionals, which is significantly higher than the WA average of 19.9%.

About 73% of properties are owned outright or with a mortgage, while about 23% of properties are rented – there is minimal state housing in the area.

Karrinyup Shopping Centre, which is located in the middle of the suburb, is a major drawcard for the area, as well as two golf courses and significant parklands, including Millington reserve, Karrinyup reserve and neighbouring Lake Gwelup Reserve.

The median house price sits at $820,000.

The area was largely developed in the 1950s and features a mix of residential and commercial buildings that have been built over the decades.

About 85% of dwelling in Karrinyup

are houses, 10% duplexes, townhouse or villas and 4% are flats, units or apartments.

Its neighbouring suburbs include Gwelup (east), Doubleview and Scarborough (south), Trigg and North Beach (west) and Carine (north).

Its main arterial roads include Mitchell Freeway, Karrinyup Road, Reid Highway and Marmion Avenue.

How do I invest in a syndicate?

As you might have guessed, investing in a syndicate can be somewhat of a different process to buying a property directly, so what exactly is the procedure?

While the process for investing in a residential development syndicate varies from company to company, one method is a capital first fund, where investors commit to a certain percentage or amount before the property is found.

These types of residential development syndicates typically follow the below steps.

  1. Initial briefing of proposed syndicate. Potential investors are sent an Information Memorandum and invited to a syndicate briefing which outlines the goals of the syndicate, including targeted metrics, such as raising amounts, returns to investors, development size and composition etc.
  2. Raising committed funds. Investors who are interested in participating in the syndicate then provide an initial deposit to the fund to secure their place. The deposit can vary but it can be around 5% of the amount they intend to invest.
  3. Site search begins. With funding commitments meeting the specified raising amount, the search for a suitable development site begins. At Momentum Wealth, our in-house research team works with our syndicate team to constantly monitor the market and create weekly shortlists of potential sites. These sites are then subject to more analysis and initial feasibility studies are done to determine their profitability.
  4. Offer placement. When a suitable site is found an offer is placed on the property and formal due diligence starts.
  5. Information evening for investors. Provided the site meets the criteria under the due diligence process, an information evening is held for those investors who outlaid the initial deposit. Investors are provided with financial feasibilities (including forecast costs, profitability and returns), construction timelines and other key information pertaining to the site.
  6. Final investment decision. Investors can elect to deposit the balance of their committed funds to proceed with the syndicate and the site is secured.
  1. Once investors have made their final investment decision and the site is secured, project planning is finalised and presales and project construction begin.

Construction time will vary on the size of the development, but a boutique apartment complex (consisting of circa 30 apartments) should typically take about 18 months.

When’s the best time to diversify into commercial?

Commercial property should, at some stage, be considered as part of every investor’s asset mix, but when’s the right time to take the leap and add it to your portfolio?

Typically, commercial property plays a different role in your investment strategy compared to residential assets.

As a general rule of thumb, investing in commercial property is best done when you want higher cash flow, for example, at retirement when you need to supplement your income.

Conversely, investing in residential property is a strategy for investors starting out in property. It provides a lower rental return but generally a higher expected capital growth rate.

Why commercial property for cash flow?

Commercial property can deliver yields of between 7-9%, compared to residential yields of 3-4%, which is why commercial is best for when you need additional cash flow.

These higher yields will supplement your income at retirement and provide the cash flow you need for your everyday living expenses, as well as for travel, recreation, dining and any other costs.

Generally, investors should start considering commercial property investment when they have built a portfolio of at least 3 or 4 residential properties.

However, there are no hard-and-fast rules and adding commercial property to your asset mix will depend on your investment strategy and goals.

Tax Newsletter – June 2016

Tax incentives to promote innovation

Innovative companies with an interest in getting involved in the “ideas boom” need to be aware of the Government’s proposed tax incentives to help promote innovation. The Government has released draft legislation to implement more of the proposed tax measures announced as part of its National Innovation and Science Agenda (released in December 2015).

One of the tax measures will allow companies that have changed ownership to access past year tax losses if they satisfy a similar business test. Under the current law, companies that have changed ownership must satisfy the same business test to access past year tax losses. This measure is designed to encourage entrepreneurship by allowing loss-making businesses to seek out new opportunities to return to profitability.

The other measure proposes to allow taxpayers the choice to either self-assess the effective life of certain intangible depreciating assets (such as patents or copyrights) or use the statutory effective life. The current law only provides an effective life set by statute. According to the Government, changing the tax treatment for acquired intangible assets will make startups’ intellectual property and other intangible assets a more attractive investment option.

Car expenses and special arrangements for the 2016 FBT year

The ATO has released guidance about using the cents per kilometre basis for claiming car expenses and making fringe benefits calculations.

From 1 July 2015, separate rates based on the size of the engine no longer apply. Taxpayers can use a single rate of 66 cents per kilometre for all motor vehicles for the 2015–2016 income year. The Tax Commissioner will determine the rate for future income years. However, the ATO acknowledges that there has been uncertainty about the correct rate to apply for the 2016 FBT year, and has advised of a special arrangement for 2016 whereby it will also
accept 2016 FBT returns based on the 2014–15 rates (which are 65, 76 or 77 cents per kilometre depending on the engine capacity of the employee’s car).

TIP: For future FBT years, which end on 31 March, the ATO said employers should use the rate determined by the Commissioner for the income year that ends on the following 30 June. For example, for the FBT year ending 31 March 2017, employers should use the basic car rate the Commissioner determines for the 2016–2017 income year.

Holiday homes: tax considerations

Australians who let their holiday homes for only part of the year should be aware of the ATO’s compliance focus on excessive holiday home deduction claims.

The ATO has released guidance on claiming deductions in relation to holiday homes. If a taxpayer rents out their holiday home, they can only claim expenses for the property based on the proportion of the income year when the property was rented out or was genuinely available for rent. Notably, the new guidance indicates what is meant by “genuinely available for rent”. According to the ATO, factors that may indicate a property is not genuinely available for rent include that:

  • it is advertised in ways that limit its exposure to potential tenants (for example, the property is only advertised by word of mouth);
  • the location of, condition of or accessibility to the property mean that it is unlikely tenants will seek to rent it;
  • there are unreasonable or stringent conditions on renting out the property that restrict the likelihood of the property being rented out; or
  • interested people are turned away without adequate reasons.

TIP: Although it is always prudent to check things over before tax time, holiday home owners may particularly want to take the opportunity to review their circumstances and ensure that any deduction claims are made correctly before “the taxman cometh”.

Individuals caught in “Panama Papers” leak

The ATO has advised that it is investigating more than 800 individuals after a leak of taxpayer data in relation to a Panamanian law firm.

Deputy Commissioner Michael Cranston said that since the completion of the offshore disclosure initiative “Project DO IT”, the ATO has ramped up its compliance work to deal with taxpayers who have failed to disclose offshore income and assets.

Mr Cranston said the ATO has been analysing the latest data against information these taxpayers had reported and against the information the ATO already has. The information the ATO received regards some taxpayers who it had previously investigated, as well as a small number of taxpayers who disclosed their arrangements to the ATO under Project DO IT. The information also regards a large number of taxpayers who have not previously come forward, including high-wealth individuals, and Mr Cranston said the ATO is already taking action on those cases.

ATO safe harbour for SMSF borrowings

The ATO has released guidelines that set out the “safe harbour” terms on which trustees of self managed superannuation funds (SMSFs) may structure related-party limited recourse borrowing arrangements (LRBAs) consistent with an arm’s-length dealing. The ATO generally takes the view that an SMSF may derive non-arm’s length income (taxable at 47%) if the terms of an LRBA are not consistent with an arm’s-length dealing. If an LRBA is structured in accordance with the ATO’s guidelines, it will accept that the non-arm’s length income (NALI) rules do not apply.

TIP: The ATO previously announced a grace period whereby it will not select an SMSF for review provided that arm’s-length terms for its LRBA are implemented by 30 June 2016, or the LRBA is brought to an end before that date. Importantly, the ATO’s guidelines require arm’s-length payments of principal and interest to be made for 2015–2016 (including where the arrangement is brought to an end). If an LRBA does not meet all of the safe harbour terms, it does not mean that the borrowing is deemed not on arms’-length terms. Rather, trustees who do not meet the safe harbour terms will need to otherwise demonstrate that their arrangement was entered into and maintained consistent with arm’s-length terms.


ATO’s data-matching net widens

The ATO has announced details of its various data-matching programs. Most of the announcements regard extensions to existing data-matching programs. Records obtained through the programs will be electronically matched with ATO data holdings to identify non-compliance with registration, lodgment, reporting and payment obligations under taxation laws. The following are key points:

  • The ATO will acquire details of registered voters on the Commonwealth electoral roll from the Australian Electoral Commissioner. This data-matching program aims to identify taxpayers who are not registered with the ATO when they are required to be.
  • The ATO will acquire data from businesses that it visits as part of its employer obligations compliance program during the 2016–2017, 2017–2018 and 2018–2019 financial years. This program aims to obtain intelligence to identify risks and trends about contractors who may not be complying with their taxation obligations.
  • The ATO will acquire data relating to electronic payments made to merchants through specialised payment systems for the 2014–2015, 2015–2016 and 2016–2017 financial years. This data will be used to detect unreported income and to identify those operating a business but failing to meet their registration, lodgment and payment obligations.

Budget-2016/17-M-snapshot

The quick budget 2016/17 snapshot:

 

  • The concessional contribution cap reduces to $25,000
  • Changes to non-concessional contribution limits with a lifetime cap of $500,000 introduced
  • TTR pensions lose their tax exemption, and lump sums cannot be treated as income for tax purposes
  • Catch up contributions can be made to super where the balance is less than $500,000
  • The expected Super Tax (Div 293) contributions tax – threshold reduced to $250,000
  • Anti-detriment provisions have been abolished
  • The work test for over 65s has been abolished
  • Individuals up to age 75 can make tax deductible contributions regardless of working situation
  • Low income tax offset to replace the low income super contributions rebate from July 2017
  • The income threshold for the spouse tax offset for super contributions increases to $37,000
  • The $80,000 personal tax rate threshold increases to $87,000
  • Small business tax rate cuts which extend to larger businesses over a ten year period
  • The Gov’t ‘proposes’ to introduce a $1.6 million super transfer balance cap on the total amount of super that an individual can transfer to retirement accounts. The intention is to limit the amount of tax payer support for tax-free retirement phase accounts.

Finance Newsletter – May 2016

RATE CRASH!

Do you  have the best rate available?

If your interest rate is over 3.98% variable then you may be able to save thousands per year by changing loans and or banks. I have access to a bank that  is currently offering customers a 3.98% variable rate .This NOT a honeymoon rate, discount is for the life of the loan. Conditions  apply – owner occupied homes, principal and interest payments,  80% LVR maximum – includes redraw facility. If you are interested in saving thousands per year call Mercia finance to see if we can show you how to benefit from a better rate.

Investors will have read that most banks are increasing the rate on investment loans. This includes current investment loans. If you are  a property investor check your rates and find out if these increases apply to you. If you are not sure Ask Mercia finance for an obligation free loan check. Some institutions are not increasing the rates for investors. So this is a good time to make sure you have the best loan for your circumstances.

If you have questions regarding any  type of loan, call Dan Goodridge on 04144 233 40. Our service is free of charge to you the borrower and we have access to all the major lenders in WA. Call us anytime. After hours is OK.

Tax Newsletter – May 2016

Tax planning

There are many ways in which entities can defer income, maximise deductions and take advantage of other tax planning initiatives to manage their taxable income. Taxpayers should be aware that they need to start the year-end tax planning process early in order to maximise these opportunities. Of course, those undertaking tax planning should be aware of the potential application of anti-avoidance provisions. However, if done correctly, tax planning can provide a number of tax savings.

Deferring assessable income

  • Income received in advance of services being provided is generally not assessable until the services are provided.
  • Taxpayers who provide professional services may consider, in consultation with their clients, rendering accounts after 30 June in order to defer the income.
  • A taxpayer is required to calculate the balancing adjustment amount resulting from the disposal of a depreciating asset. If disposal of an asset will result in assessable income, the taxpayer may consider postponing the disposal to the following income year.
  • Rollover relief may be available for balancing adjustments arising from an involuntary disposal of assets where replacement assets are acquired.

Maximising deductions

Business taxpayers

  • Taxpayers should review all outstanding debts before year-end to identify any debtors who may be unable to pay their bills. Once a taxpayer has done everything in their power to seek repayment of the debt, they may consider writing off the balance as bad debt.
  • The entitlement of corporate tax entities to deductions in respect of prior year losses is subject to certain restrictions. An entity needs to satisfy the “continuity of ownership” test before deducting prior year losses. If the continuity of ownership test is failed, the entity may still deduct the loss if it satisfies the same business test.
  • A deduction may be available on the disposal of a depreciating asset if a taxpayer stops using it and expects never to use it again. Therefore, asset registers may need to be reviewed for any assets that fit this category.
  • Small business entities are entitled to an outright deduction for the taxable purpose proportion of the adjustable value of a depreciating asset, subject to conditions.

Non-business taxpayers

  • Non-business taxpayers are entitled to an immediate deduction for assets that are used predominantly to produce assessable income and that cost $300 or less, subject to conditions.
  • Self-employed and other eligible people are entitled to a deduction for personal superannuation contributions, subject to meeting conditions such as the “10% rule”.

Companies

  • Companies should ensure that all dividends paid to shareholders during the relevant franking period (generally the income year) are franked to the same extent to avoid breaching the “benchmark rule”.
  • Loans, payments and debts forgiven by private companies to their shareholders and associates may give rise to unfranked dividends that are assessable to the shareholders and their associates. Shareholders and entities should consider repaying loans and making payments on time, or have appropriate loan agreements in place.
  • Companies should consider whether they have undertaken eligible research and development (R&D) activities that may be eligible for the R&D tax incentive.
  • Companies may consider consolidating before year-end to reduce compliance costs and take advantage of tax opportunities available as a result of the consolidated group being treated as a single entity for tax purposes.

Trusts

  • Taxpayers should review trust deeds to determine how trust income is defined. This may have an impact on the trustee’s tax planning.
  • Trustees should consider whether a family trust election (an FTE) is required to ensure that any losses or bad debts incurred by the trust will be deductible and that franking credits will be available to beneficiaries.
  • Taxpayers should avoid retaining income in a trust because it may be taxed in the hands of the trustee at the top marginal tax rate.

Small business entities

  • From 2015–2016, the tax rate applicable to small business entities that are companies is 28.5% (rather than the standard 30% rate) and other types of small business entities are entitled to a tax discount in the form of a tax offset.
  • Small business entities are entitled to an immediate deduction for certain pre-business expenditure incurred after 30 June 2015.
  • Eligible small business entities can access a range of concessions for a capital gain made on a CGT asset that has been used in a business, provided certain conditions are met.
  • An optional rollover has been introduced for the transfer of business assets from one entity to another for small business owners who change the legal structure of their business.
  • A CGT “look-through” treatment for eligible earnout arrangements has been introduced.
  • From the 2016–2017 FBT year, small business entities will be able to provide more than one work-related portable electronic device to an employee and claim the FBT exemption for each device, even if the devices have substantially identical functions and are not replacement items.

Capital gains tax

  • Taxpayers may consider crystallising any unrealised capital gains and losses to improve their overall tax position for an income year.


Superannuation

  • Individuals who wish to take advantage of the concessionally taxed superannuation environment should keep track of their contributions.
  • Individuals with salary sacrifice superannuation arrangements may want to have early discussions with their employers to help ensure contributions are allocated to the correct financial year.
  • Individuals earning above $300,000 are subject to an additional 15% tax on concessional contributions. However, despite the extra 15% tax, there is still an effective tax concession of 15% (ie the top marginal rate less 30%) on their contributions up to the relevant cap.
  • Self managed super funds (SMSFs) have been reminded that if they have investments in collectables or personal-use assets that were acquired before 1 July 2011, time is running out to ensure they meet the requirements of the superannuation law for these assets.

Fringe benefits tax

  • The rules for individuals claiming car expense deductions have changed. As a result, if employers reimburse expenses relating to an employee’s use of their own car, only two methods are available for calculating the taxable value of this fringe benefit (when employers apply the “otherwise deductible rule”).
  • A separate gross-up cap of $5,000 has been introduced for salary sacrificed meal entertainment and entertainment facility leasing expenses for certain employees of not-for-profit organisations. Affected individuals may want to discuss it with their employers.

Individuals

  • For the 2015–2016 income year, the general tax-free threshold available to Australian resident taxpayers is $18,200.
  • Australians who have student debts and are travelling or living overseas will soon have the same repayment obligations as people who are still living in Australia.