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Property Newsletter – February 2015

3 easy tips to increase your borrowing capacity

Having problems financing the purchase of your next investment property? Here are three easy tips to increase your borrowing capacity.

Recently Australian banks and other lenders have been forced to comply with regulations that encourage responsible lending.

While these regulations might inhibit the amount of money that an individual can borrow, the rules are vital to ensure the financial system remains robust and protects borrowers from verstretching their financial capacity.

The amount an individual can borrow is determined by an ‘ability to repay test’, otherwise known as a ‘serviceability test’.

The serviceability test allows lenders to prove that borrowers can repay their loans. However, different lenders interpret this in their own way and the size of a loan for an individual can vary greatly from lender to lender.

So the serviceability test isn’t necessarily a broad, ‘cookie-cutter’ system but rather a tool that is interpreted differently from lender to lender.

This is why someone might be approved a $300,000-loan at ‘Lender A’, while the same individual could be approved a $400,000-loan at ‘Lender B’. The lenders simply interpret the client’s ability to repay the loan in a different manner.

Therefore, it pays to shop around or visit a mortgage broker that has a wide variety of lenders and lending products available.

To maximise your borrowing capacity from any lender, there are three easy steps you can take.

  1. Close unnecessary credit cards and review credit card limits

    As part of the serviceability test, lenders will assume that your credit cards will be drawn to their limits. For example, a credit card with a $10,000 limit will be deemed by lenders as a $10,000 debt in your name, even if you haven’t used the card. If you have a credit card with a $10,000 limit but you only ever use a portion of this, then you should reduce the limit to a more appropriate level.

    Furthermore, you should consider closing unnecessary credit card accounts and, if possible, only keep one card open.

  2. Reduce personal debt

    Personal loans will affect your serviceability rating because these generally require expensive monthly repayments, which means you will have less disposable income to repay the proposed home loan. You can combine your personal debts into your home loan, which can increase your serviceability rating, but this will mean you repay the personal debt over the life of the home loan and subsequently more interest repayments in the long term. If possible, it’s best to repay personal debt as soon as possible or avoid it all together if you know you will be purchasing an investment property in the near future.

  3. Maximise incomes from existing investment properties

    If you own existing investment properties, even just one, you should seek to maximise rental prices to increase your disposable income, which will be taken into consideration by lenders and in the serviceability test. Your property may be undervalued or you could complete some low-cost improvements to the dwelling to demand more rent. Even allowing tenants to own pets is a quick and easy way to demand higher rental prices.

5 basic features your next investment suburb must have

When searching for your next investment property the sheer amount of information can be overwhelming. Here are five basic features your next investment suburb must have.

Once your finance has been approved and you’re in a position to make your next acquisition, the real work begins – searching for the perfect investment property.

This can be one of the most exciting times in your property investment journey. However, it can also be immensely frustrating as countless people have an opinion on where’s best to invest.

With so many different and often conflicting views, it’s no wonder that, without the help of a professional buyer’s agent, many investors fail to make the best decision and unintentionally waste their opportunity to grow wealth through property.

The following are five basic features that every good investment suburb must have.

  1. Good public transport links

    Rental properties near public transport links will attract more interest from prospective tenants and subsequently yield higher rents. Ideally the suburb will have its own train station but a good bus exchange can be just as attractive. This is increasingly important as urban sprawl continues to impact many capital cities.

  2. A vibrant retail and café strip

    Tenants want to live near vibrant public spaces, including retail and café strips where they can shop and dine out with friends and family. Shopping precincts and supermarkets in close proximity are also highly desirable.

  3. Reputable schools and child care centres
    This is particularly important for families. Now that NAPLAN and TER results are freely available to the public, it is easy for families to determine which are the best-performing public schools. Many families will want to buy or rent in catchment zones with a high-performing public school, particularly as private school tuition fees continue to rise.
  4. Parks and recreational facilities

    Just as vibrant retail and café strips are appealing to potential tenants, so are parks and recreational facilities. Well-maintained parks, sporting facilities and other social amenities that can be readily utilised by tenants are appealing to tenants.

  5. Within close proximity to the employment centres

    With urban sprawl continuing to affect most Australian capital cities, rental properties close to employment centres will prove to be highly desirable for young professionals and families. In most cities the CBD is the major employment centre, however you should consider other areas if they have solid employment opportunities. Accordingly, higher rental growth may be achieved, as well as higher capital growth prospects.

Note: these are not all the factors you need to consider when making an investment decision but they are a good place to start.

5 tips to maximise returns from your investment property

Whether you’ve recently acquired an investment property or have a long-held portfolio, it’s always beneficial to review your assets to ensure returns are maximised.

If you’re the type of property investor that relies on your property manager for guidance, particularly for direction to optimise rental returns, you’d want to make sure that you’re using a company that offers an advice-driven service.

It might come as a surprise to hear but as long as your property is leased and you and your tenants are happy, then the average property manager wouldn’t think to look at increasing your rents.

However, it’s important to review your property portfolio, ideally on an annual basis, to ensure you’re receiving the best rental returns.

Here are five tips to maximise your property portfolio’s returns.

  1. Update or renovate where required

    This is one of the most obvious, and generally most effective, ways to maximise rents. It could be as simple and low cost as giving the interior a fresh coat of paint or something bigger, such as renovating the kitchen or bathroom. Upgrading the kitchen, though, doesn’t have to be an expensive exercise as you can complete a cheap facelift by updating fittings and fixtures and installing new benchtops.

  2. Install additional appliances

    A dishwasher, reverse-cycle air conditioner, alarm system or other ‘value-add’ appliances can help to maximise returns on rental properties. For example, in a hot climate tenants may pay extra for an air conditioner, while a large family might pay more for a dishwasher.

  3. Be pet-friendly

    Because most landlords will not allow tenants to own pets, permitting animals on your property can attract premium rents. While there are downsides to allowing pets into your investment property, it remains a reasonable option that should be considered thoroughly.

  4. Price the property right

    It might be tempting to ask that little bit extra for your rental property, however, if it’s overpriced you’re highly unlikely to secure a tenant, which will ultimately cost you more if the property sits vacant for an extended period. Do your research and price the property right to ensure you maximise returns.

  5. Property development

    While you might initially think property development isn’t feasible, simply because of the financial cost, changes to planning rules and regulations in recent years have made it an attractive options for many. On a block in which you might currently have just one dwelling you might be able to build additional dwellings or even ancillary accommodation, which can command more rent and potentially increase the value of the property overall.

Boost rental yields with a dual-income strategy

Would you like to increase rental yields from your residential property to more than 7%? You might think this is impossible, but many investors are taking advantage of this opportunity already.

Ancillary dwellings, traditionally known as granny flats, have recently become a viable option for investors in Western Australia to increase rental yields.

Planning and development changes implemented in WA in 2013 mean an ancillary dwelling may be rented to anyone, not just to the property occupier’s relatives, as was previously the case.

The changes also saw an increase in the permissible size of ancillary dwellings to 70 square metres, up from 60sqm.

The changes created new housing choices for many, including students, singles, couples or renovators needing temporary accommodation, and have proven to be a great lower-priced housing alternative for many.

For investors, an ancillary dwelling provides a secondary source of rent from one property, or what’s known as a dual-income strategy.

Rent from an ancillary dwelling, combined with the primary dwelling, means investors can reap yields of more than 7% from one property.

Furthermore, the benefit of ancillary dwellings is that landlords don’t need to subdivide their land, saving thousands of dollars, and construction can take as little as 12 weeks.

While this means that an ancillary dwelling can’t be sold separately from the main dwelling because they share the same land title, it can be a good strategy for those who are planning to hold a property for the long run.

An ancillary dwelling won’t suit all property investors and their respective strategies but it’s worth considering given the great rental returns that can be secured.

Boost rental yields with a dual-income strategy

Would you like to increase rental yields from your residential property to more than 7%? You might think this is impossible, but many investors are taking advantage of this opportunity already.

Ancillary dwellings, traditionally known as granny flats, have recently become a viable option for investors in Western Australia to increase rental yields.

Planning and development changes implemented in WA in 2013 mean an ancillary dwelling may be rented to anyone, not just to the property occupier’s relatives, as was previously the case.

The changes also saw an increase in the permissible size of ancillary dwellings to 70 square metres, up from 60sqm.

The changes created new housing choices for many, including students, singles, couples or renovators needing temporary accommodation, and have proven to be a great lower-priced housing alternative for many.

For investors, an ancillary dwelling provides a secondary source of rent from one property, or what’s known as a dual-income strategy.

Rent from an ancillary dwelling, combined with the primary dwelling, means investors can reap yields of more than 7% from one property.

Furthermore, the benefit of ancillary dwellings is that landlords don’t need to subdivide their land, saving thousands of dollars, and construction can take as little as 12 weeks.

While this means that an ancillary dwelling can’t be sold separately from the main dwelling because they share the same land title, it can be a good strategy for those who are planning to hold a property for the long run.

An ancillary dwelling won’t suit all property investors and their respective strategies but it’s worth considering given the great rental returns that can be secured.

1960s suburb receives new life

This Perth suburb, which was largely developed in the 1960s, is poised for growth as billions of dollars are poured into infrastructure projects in the area.

Kardinya, traditionally a family-orientated suburb, is set to benefit from some big-ticket infrastructure items in the area, including the $2 billion Fiona Stanley Hospital and $750 million redevelopment of Garden City.

The Murdoch Activity Centre (MAC), which comprises the new hospital, is set to be a major drawcard for Kardinya.

The MAC will be a mixed-use hub incorporating public and private health care, education and residential and commercial development.

In the long term, the MAC is tipped to support 35,000 jobs (currently 11,000) and nearly 44,000 students.

To support the MAC, government has identified the need to increase housing density in key areas around major transport hubs and introduce a new retail centre to service the growing population.

With Kardinya incorporated in the activity corridor of the MAC, the suburb is set to benefit from the increased economic activity and broader development plans.

Located just 12 kilometres from Perth’s central business district, Kardinya boasts good access to public transport links, including the Bull Creek train station, as well as major bus corridors of South Street and North Lake Road, which access Fremantle, the train station and the city.

Located in the City of Melville, its neighbouring suburbs include Winthrop, Murdoch, North Lake and Samson.

The Kardinya Park shopping centre is the main retail centre for the suburb with a supermarket, butcher, hairdresser, baker, bottle shops, restaurants, bars and other everyday amenities.

Major shopping centres are also found on the periphery, including Bull Creek shopping centre and Garden City, which is receiving a planned $750 million redevelopment, making it the largest shopping centre in Western Australia.

There are high-level schooling facilities nearby, including Corpus Christ College and Murdoch University, making the area even more attractive for families.

The housing stock is a mix featuring low-density housing with many older, 1960s single-residential houses surrounded by newer, duplex construction on the back of recent zoning changes to R25.

Kardinya also boasts a number of large, open spaces and parks dotted around the suburb, including North Lake, Murdoch University grounds, Alan Edwards and Morris Buzacott Reserve. In all there are 13 parks covering 11% of the total area.

About one in five houses (19%) are rented in Kardinya, which is below the Perth average of about one in four (26%).

The Roe Highway extension to Stock Road, which is part of the $1.6 billion Gateway project, will also make Kardinya more accessible from the east and west

 

Tax Newsletter February 2015

Borrowing by superannuation funds under scrutiny

Late last year, the Murray Financial System Inquiry called on the Government to restore the general prohibition on direct borrowings by superannuation funds.

The review was of the view that there was an emerging trend of superannuation funds using limited recourse borrowing arrangements (LRBAs) to purchase assets, and that over time growth in direct borrowing would pose risks to the financial system.

The Inquiry, chaired by David Murray, recommended that the current superannuation borrowing exception in the super rules should be removed on a prospective basis. Importantly, it was recommended that superannuation funds with existing borrowings should be permitted to maintain those borrowings. However, funds disposing of assets purchased via direct borrowings would be required to extinguish any associated debt at the same time.

The Government is expected to respond to the recommendations in late March 2015.

Bitcoin and ATO approach to past transactions

The ATO has finalised a number of its rulings (a GST Ruling and several Income Tax Determinations) relating to the application of the tax laws for Bitcoin and similar crypto-currencies.

The ATO says all these rulings have application to tax periods before their date of issue (ie 17 December 2014) as they discuss laws that were already operative. However, it notes the Tax Commissioner will not generally apply compliance resources to tax periods that started before 1 October 2014 for goods and services tax (GST), or 1 July 2014 for other tax issues, for taxpayers that can show they have made a genuine attempt to determine the tax treatment of Bitcoin and have then adopted a consistent position regarding the tax treatment of Bitcoin in those past tax periods.

Some key points on the ATO’s view on Bitcoin:

  • Transacting with Bitcoin is akin to a barter arrangement, with similar tax consequences.
  • Bitcoin is neither money nor a foreign currency, and the supply of Bitcoin is not a financial supply for GST purposes. Bitcoin is, however, an asset for capital gains tax (CGT) purposes.
  • The records you require in relation to Bitcoin transactions are as follows:
  • the date of the transaction;
  • the amount in Australian dollars;
  • what the transaction was for; and
  • who the other party was.

TIP: If you receive Bitcoin for goods or services you provide as part of your business, you will need to record the value in Australian dollars as part of your ordinary income. This is the same process as receiving non-cash consideration under a barter transaction. The value in Australian dollars will be the fair market value which can be obtained from a reputable Bitcoin exchange, for example.

Are your superannuation savings goals on track?

Superannuation should never be a “set and forget” strategy. With the new calendar year here, now is a good time to review your circumstances and perhaps set some new goals to help boost retirement savings.

There have been a few changes to superannuation which applied from 1 July 2014 and it is important to understand how they may apply to you. The following are some considerations.

Making extra contributions

The general concessional contributions cap is $30,000 for 2014–2015 (up from $25,000 for 2013–2014). For people aged 50 and over, there is a higher concessional contributions cap of $35,000 for 2014–2015.

Checking super savings

It is a good habit to check your superannuation balance regularly. In addition to getting to know your super better, you may also want to protect your super from identity crime. For example, you may want to change passwords for accounts that can be viewed online.

Consolidating multiple super fund accounts

You may want to consider consolidating multiple super fund accounts. This may help avoid paying multiple super fund fees, reduce paperwork, and make it easier to keep track of your superannuation.

Keep all your statements in a safe place, especially if you do need to maintain multiple accounts.

Salary sacrificing super

You may want to ask your employer about salary sacrificing super. Or you may want to consider reviewing an existing arrangement with your employer.

TIP: Professional tailor advice should be obtained before implementing a new retirement savings strategy. Please contact our office to discuss your circumstances.

GST treatment of credit card surcharges – GSTR 2014/2

The ATO has issued a Ruling which explains the goods and services tax (GST) treatment of a surcharge imposed by a merchant on a customer in respect of a credit card transaction concerning supplies of goods or services by the merchant to the customer.

According to the Ruling, a credit card surcharge imposed by the merchant on the customer for a credit card transaction forms part of the consideration for the supply of the goods or services made by the merchant. The merchant will need to take into account the credit card surcharge that is connected with the supply of the goods or services when calculating the correct amount of GST.

The Ruling covers a number of scenarios involving credit card surcharges. The ATO provides the following basic example of a credit card surcharge imposed by a merchant on a customer for a purchase of a shirt, being a taxable supply:

Anna purchases a shirt with a price of $55. A sign at the store’s counter states that a surcharge of 3% of the price will be imposed if payment is made by credit card. When Anna pays for the shirt using her credit card, the merchant imposes a surcharge of $1.65 on the sale. The price of the shirt is $56.65 as the $1.65 surcharge forms part of the consideration for the shirt. The GST payable in respect of the sale is $5.15, being 1/11th of the GST inclusive price of $56.65.

Note the ruling also discusses the ATO’s view on the GST treatment of surcharges imposed on debit card transactions.

Tax Inspector’s proposed new complaint-handling powers

The Inspector-General of Taxation is about to obtain new powers to be able to hear tax complaints from individuals. The Government has introduced a Bill into Parliament which proposes to amend the law to transfer the tax investigative and complaint-handling powers of the Commonwealth Ombudsman to the Inspector-General of Taxation, and to merge those powers with the Inspector-General’s existing powers of conducting system reviews of the ATO.

According to the Government, the Inspector-General is well-suited to have the sole jurisdiction to investigate individual complaints about the administration of taxation law matters, in addition to the current systemic function. It said that, under the changes, the Inspector-General will be given all of the powers and functions necessary to comprehensively investigate and handle complaints relating to the administration of taxation laws (of both a systemic and individual nature).

Finance Newsletter – February 2015

Do you have the most suitable loan for your circumstances?

Do you  have the best rate available?

If your interest rate is over 4.74% p.a variable then you may be able to save thousands per year by changing loans and or banks. Suncorp is currently offering customers 4.74% variable for home / investment  loans. Conditions apply. So if you are interested in saving thousands per year call Mercia finance to see if we can show you how benefit from a better rate.

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.

 

Property Newsletter – February 2015

Is the RBA likely to change the cash rate in 2015?

Property investors have enjoyed access to cheap finance in recent times as Australia’s official cash rate has remained at a record low for 17-months consecutively, but what’s in store for 2015?

The Reserve Bank of Australia (RBA) last changed the official cash rate in August 2013 when the bank cut the rate by 25 basis points to 2.5%.

RBA governor Glenn Stevens noted recently that the historically-low cash rate had flowed through to consumer interest rates, which were “very low and have continued to edge lower over the past year or so as competition to lend has increased”.

The lower interest rates on offer have created a good environment for property investors to access cheap finance, as lenders battle to grab their share of the home-loan market.

But what will happen in 2015? Will the RBA continue to hold the official cash rate at 2.5% or is there a chance that it might be changed?

Over the past year Glenn Stevens has largely been pushing the same message – “the most prudent course is likely to be a period of stability in interest rates”.

This was again reiterated in the RBA’s most recent meeting on December 2. However, since then there has been a growing chorus of industry analysts predicting a rate cut in 2015.

This includes a range of investment banks and asset managers, as well as two of the biggest banks in Australia – Westpac and NAB.

Both Westpac and NAB believe the RBA will make two separate cuts in 2015 to reduce the official cash rate to 2%.

These predictions came in late 2014 after national business conditions remained flat and sentiment weakened, along with further falls in commodity prices.

Given the present economic conditions, the large majority of analysts are predicting rates to remain on hold or to be cut in 2015.

The Commonwealth Bank of Australia recently changed its stance on interest rates. The bank had predicted that the RBA would increase rates in 2015 but now anticipates they will remain on hold for the entire year.

Meanwhile, ANZ’s latest forecast, issued in November, predicts rates to rise in late 2015.

Either way, the forthcoming 12 months will prove to deliver favourable conditions for property investors to access cheap finance.

Furthermore, it will also be a good time for property owners with established mortgages to refinance to secure a better deal.

In 2015 we can expect more borrowers taking up refinance opportunities to lock in record-low fixed-rate products.

The RBA next meets on Tuesday, February 3 to decide whether to change the cash rate or leave it on hold.

4 benefits of buying a property in a downturn

Many investors are inclined to adopt a pack mentality when buying an investment property, but what are the benefits of going against the herd?

When the market is hot, and property prices are climbing sharply, many investors will feel the need to buy a property to avoid missing out.

Conversely, when the market experiences a downturn, and property prices stagnate, many investors will shy away and abandon their intent to make an acquisition.

This herd mentality simply comes down to human nature.

However, if you’re looking to purchase a property next time the property market softens, it might be wise to continue unabated because there are many benefits to buying in a downturn.

Four reasons to buy in a soft property market.

  1. Increased housing stock – generally during a downturn there will be more listings on the market, which means buyers will have a much wider choice. Subsequently, buyers are more likely to find a more appropriate and better dwelling.
  2. Less competition – given that most property investors follow the herd mentality, during a downturn buyers will encounter less competition and can secure a property that they might not have been able to in a booming market.
  3. Secure properties for less – reduced competition means buyers can purchase properties at a lower price or even below asking price. Furthermore, in a cooler market buyers are less likely to have to outbid others.
  4. More control in contract negotiations – with less competition in the market buyers can have more control in contract negotiations and ensure contracts are weighed in their favour.

While buying property in a cooler market presents advantages, there are also many benefits to purchasing property when conditions are more favourable.

However, when purchasing property to create long-term wealth, it’s generally best to make acquisitions sooner rather than waiting for the ‘perfect’ environment.

Como: ideal location with comprehensive amenities

In a desirable location on the Swan River, Como is the epitome of a family suburb containing many reputable schools, large parks and in close proximity to Perth’s central business district.

Como, located 6 kilometres south of the CBD, is home to more than 12,000 residents living in a mix of housing stock.

This includes low and medium-density dwellings with many older 1950s single residential houses surrounded by newer villa and townhouse complexes.

The suburb, which is within the City of South Perth, has good accessibility to major arterial roads, such as Kwinana Freeway and Canning Highway, and sits next to the Canning Bridge train station, which links Mandurah to the Perth CBD.

Three major shopping centres can be found on the periphery of Como, including Victoria Park’s Park Shopping Centre, Karawara’s Waterford Plaza and Booragoon’s Garden City.

Como’s main retail centre is the Preston Street shops, which host a supermarket, butcher, hairdresser, baker, bottle shop, restaurants, bars and other everyday retail and hospitality facilities.

With several highly-reputable schooling facilities in and around Como, including Penrhos College, Como Secondary School, Aquinas College and Wesley College, the area is highly sought after by families.

The Swan River foreshore, McDougall Park, Collier Park and Collier Golf Course also make it an attractive area to live.

Como is also likely to benefit from major plans by state and local governments to redevelop the Canning Bridge precinct to include further high rise buildings, restaurants, cafes and a new bridge.

There are also longer-term plans for the precinct to contain a bus and ferry terminal, making Como even more accessible to other areas of Perth.

Buying a tenanted property – help or hindrance?

Acquiring a tenanted property can deliver many benefits, however, there can be various pitfalls as well. So what are the pros of cons of buying a property with existing tenants?

It’s a situation that many property investors find themselves in.

After securing finance, spending months searching the property market, scouring the internet and attending countless home opens, you’ve finally found a property that meets your requirements and budget. But then you’re told the property is tenanted.

Depending on your situation and your intentions for the property, this can prove to be either a help or a hindrance.

So what are the pros and cons you need to be aware of?

Pros

  • Save money: you don’t need to pay a letting fee or spend money on advertising to find a tenant.
  • Save time: you don’t have the hassle of having to vet applications and choose a tenant.
  • Receive rent immediately: you can start receiving rent from day one and can rest assured that your property won’t sit vacant while you look for a tenant.

Cons

  • Sub-standard tenants: the existing tenant may not meet your standards, fail to pay rent on time or take care of your property in an appropriate manner.
  • Difficulties with the tenant: the tenant may not appreciate your style of management compared to the previous owner. The previous owner may have been too complacent and not held the tenant accountable.
  • Inadequate contracts: the tenant’s lease may be inadequate (in some cases no contracts at all) or the terms of the lease might be unfavourable to the owner (under-priced rent, long-term contract, inspections too infrequent).
  • Maintenance requests: with a new owner, the tenant may see this as an opportunity to lodge their list of maintenance requests, leading to unexpected costs for you.

When acquiring any property, particularly a tenanted property, it is crucial to ensure all relevant documentation is reviewed prior to unconditionally purchasing.

This can help to mitigate the risks and ensure you have a comprehensive understanding of the associated contracts, such as lease agreements.

Additionally, in the case of tenanted properties, it pays to do your research on the tenant by asking questions of the current landlord, property manager and selling agent.

Red tape to be slashed for property developments

Red tape on residential and commercial developments will be slashed under the largest planning reforms in Western Australia in 50 years.

As part of the proposed changes more property developers will be able to bypass Local Government Authorities (LGAs) and apply directly to the state’s Development Assessment Panel (DAP) for construction approvals.

The shake-up of WA planning laws is expected to cut costs for developers and save time in the pre-development process.

Under the reforms developers with projects costing between $2 million and $10 million can choose to submit planning applications to either their respective LGA or the DAP.

The threshold is a change from the previous range of between $3 million and $7 million.

The reforms apply to developments in all metropolitan and regional areas of WA, excluding the City of Perth, where the threshold would be between $2 million and $20 million.

Developments costing less than $2 million will be required to apply for planning approval with the relevant LGA, while those costing more than $10 million, or $20 million for projects within the City of Perth, will be required to be processed by the DAP.

The changes are expected to be passed within the next 12 months and were recommended as part of a review of the DAP.

The planning reforms are part of a wider review, which started in 2009 by the Department of Planning and the Western Australian Planning Commission, to improve the state’s land use, planning and development approvals process.

The reforms have been tipped as the most significant since WA’s metropolitan region scheme in 1963.

Momentum Wealth named as finalist at Better Business Awards

Momentum Wealth is proud to have been shortlisted as a finalist for the 2015 Better Business Awards in the best independent office category.

The awards recognise Western Australia mortgage brokers and their achievements and excellence in customer service for the past year.

Momentum Wealth won the best independent office category (fewer than five brokers) in 2014. However, after growing our mortgage broking department over the past year, we have entered the ‘more than five brokers’ category in 2015.

Furthermore, two of our mortgage and finance specialists have also been named as finalists in individual awards, including best customer service and best residential broker categories and the rising star award.

The winners of the 2015 awards will be announced at the Better Business Summit in March. 

Information in the Property Newsletter kindly provided by Momentum Wealth.

Residency Guidelines & Checklist

RESIDENCY GUIDELINES

There are four tests of residency contained within the definition of ‘resident’ in subsection 6(1) of the Income Tax Assessment Act 1936 (ITAA.  They are alternative tests in the sense that even if an individual is not a “resident” according to ordinary concepts (see (a) below) within the common definition they may fall within one of the other tests – There are four main tests for residency:

  • Residency – the “resides” test
  • Residency – the “domicile” test
  • The 183 day rule, and
  • The Superannuation test

(a) Residency according to ordinary concepts

This test provides that whether a person resides in Australia is a question of fact that depends on all the circumstances of each case, with the following factors to be considered:

  • If the person returns to the country of origin – the frequency, regularity and duration of those trips and their purpose can be decisive factors. If the only reason for the person’s absence from Australia is business, this may not be enough in itself to support a claim that the person is not a resident.
  • The extent of family and business ties which the person has, in Australia and in the country of origin.
  • Whether the individual is accompanied by his or her family to Australia and on return trips to the country of origin.
  • Whether the person is employed in the country of origin.
  • Whether a place of abode is still maintained in the country of origin or is available for the person’s use while there.
  • Whether personal effects are kept in Australia or in the country of origin.
  • The extent to which any assets or bank accounts are acquired or maintained in Australia and in the country of origin.
  • Whether the migrant has commenced or established a business in Australia.

(b) The domicile test

 An individual is a resident of Australia under the domicile test if he or she has a domicile in Australia unless the Commissioner is satisfied that the person’s permanent place of abode is outside Australia. Under the Domicile Act 1982, a person acquires a domicile of choice in Australia if the person intends to make his or her home indefinitely in Australia. The domicile test is discussed in Taxation Ruling IT 2650. Domicile generally means the country you were born in unless you migrate to another country – then you adopt a “domicile of choice”.

(c) The 183 days test

A returning expatriate, or new migrant having regard to their terms of their migrant visa, who is present in Australia for more than 183 days (continuously or intermittently) in a tax year is, generally speaking, a resident of Australia under the 183 days test.  This is unless the Commissioner is satisfied that his usual place of abode is outside Australia and that he does not intend to take up residence.

(d) The Superannuation Test

This is a “statutory” test and an alternative to the ordinary tests of residence – that is to say that individual’s may be “residents” under this test when they do not in any way reside in Australia in the ordinary sense.  In effect individuals are “deemed” to be residents if they “are an eligible employee for the purpose of the Superannuation Act 1976 or is the spouse or a child under 16 years of age of such a person.’ This test applies mainly to people working for the Australian Government overseas.

Factors the ATO consider for Residency

Tax Ruling No. IT 2650 sets out the factors the ATO will consider when determining whether a person is a resident or non resident for tax purposes in Australia. The Ruling states that the following factors need to be taken into account:

  • the intended and actual length of the individual’s stay in the overseas country: As a broad rule of thumb, a period of about 2 years or more would generally be regarded by this Office as a substantial period for the purposes of a taxpayer’s stay in another country. It must be stressed, however, that the duration of the taxpayer’s actual or intended stay out of Australia is not, of itself, conclusive and needs to be considered with all of the factors in the case.

 

If, however, an individual with a usual place of abode in Australia has no fixed or habitual place of abode overseas but moves from one country to another or moves constantly within the same country (for example, from town to town or even from suburb to suburb) any association with a particular place overseas would be purely temporary or transitory and he or she would not be considered to have adopted an alternative domicile of choice or a permanent place of abode outside Australia. In such case, if the person could not be said to have acquired a domicile of choice outside Australia, the taxpayer would be considered to be a resident of Australia under the definition of “resident”.

 

  • any intention either to return to Australia at some definite point in time or to travel to another country

 

  • the establishment a home outside Australia:

The fact that an individual has established his or her home (in the sense of a dwelling place; a house or other shelter that is the fixed residence of a person, family or household) in an overseas country would tend to show that the place of abode in the overseas country is permanent. Acquisition of a home in the overseas country would be a very relevant though not conclusive factor. On the other hand, individuals or a family group who “make do” in temporary accommodation with limited resources and facilities such as in barracks, singles’ quarters, aboard ships, oil rigs, or mining towns, will be less likely to be considered to have established a permanent place of abode overseas.

 

  • the abandonment of any residence or place of abode the individual may have had in Australia

 

  • the duration and continuity of the individual’s presence in the overseas country

 

  • the durability of association that the individual has with a particular place in Australia:

 

The relevance of bank accounts maintained in Australia varies depending on the types of accounts. If a taxpayer closes all bank accounts in Australia and transfers all funds (including investment funds) to accounts in the overseas country, this would indicate less durability of association with a place in Australia than if all accounts in Australia were maintained. On the other hand, even if an individual closes all accounts for everyday use (such as cheque and savings accounts) and maintains a long term investment account, it is still possible to establish that, on the basis of other factors, the individual has a permanent place of abode in the overseas country.

Similar considerations apply in relation to the place of education of children. For example, an individual may be considered to have a permanent place of abode in an overseas country even though his or her children continue their schooling in Australia due to the absence of adequate educational facilities in the overseas country. However, the fact that the children continue their schooling in Australia despite the presence of adequate educational facilities in the overseas country, would tend to show a more durable association with a place in Australia.

 

The weight to be given to each factor will vary with individual circumstances of each case and no single factor is conclusive.

RESIDENCY EXAMPLES

The following are some examples of how the tax office determines whether a person is a resident or a non resident for income tax purposes:

  1. An Australian resident employee of a mining company was transferred overseas for a temporary work assignment for a period of 2 years and intended to return to Australia at the end of that period. The purpose of the assignment was for the employee to gain wider work experience. The employee was initially accompanied by his wife and children but the children returned to Australia to continue their schooling. The employee spent his annual holiday in Australia. During his absence from Australia he rented out his home and maintained bank accounts in Australia. He made no investments in the overseas country and remitted all money in excess of living requirements to Australia for investment. In those circumstances the taxpayer was not considered to be a resident of Australia under the ordinary meaning of the word “resident” but was considered to be a resident under the extended definition of that term.

Result: resident.

  1. A person who had just completed tertiary studies decided to leave Australia for an unspecified period of time to work in one overseas country to gain work experience. Before leaving she closed all bank accounts except for a 5-year interest bearing deposit. She had no established home in Australia and no spouse or children in Australia. While she was forced to return to Australia within 18 months due to an illness, she was considered to be a non-resident as it was her original intention to remain outside Australia for an unspecified period of time and she was considered to have a permanent place of abode in the overseas country.

Result: non-resident.

  1. The opposite conclusion would have been reached if she had intended to (and did) spend one year each in 2 countries and then had travelled for a further period of one year, making do in temporary or transitory accommodation in each country as she went. In that case she would not have a permanent place of abode in any of the overseas countries and would continue to be a resident of Australia.

Result: resident during the 3-year overseas stay.

  1. A bank manager was posted to the New Hebrides for 2 years. During that time he and his family lived in a furnished house provided by the bank. The taxpayer’s home in Australia was let. On leaving Australia, the taxpayer expected a further overseas posting after his 2-year period. He advised the Department of Social Security that the family was leaving Australia permanently and child endowment payments should cease. The taxpayer was considered to have abandoned his place of residence in Australia and to have formed the intention to, and in fact did, reside outside Australia. His place of abode in Vila was not merely temporary or transitory; rather, it was intended to be and was in fact his home for the time being (Case S19 85 ATC 225; 28 CTBR (NS) Case 29).

Result: non-resident.

  1. A bank officer was posted from Australia to the New Hebrides for 2 years only and never intended to stay any longer. During his overseas posting he maintained bank accounts in Australia, into one of which family allowance payments continued to be made, and let his Australian home unfurnished. He was accompanied by his wife and children. His place of abode in the New Hebrides was considered to be temporary or transitory for two reasons. Firstly, he lived, by the bank’s continuing permission, in a house leased by the bank in the New Hebrides. Secondly, having regard to the 2- year period of his appointment, the taxpayer’s relationship with his place of abode in Port Vila lacked ” a more enduring relationship” (see Applegate per Fisher J 79 ATC at p.4317; 9 ATR at pp 910-911) with the particular place of abode than that expected to exist where a person ordinarily resides there or has there his usual place of abode (Case Q68 83 ATC 343; Case 132 26 CTBR(NS) 913).

Result : resident.

  1. An Australian resident employee of a mining company was transferred overseas for a temporary work assignment for a period of 2 years and intended to return to Australia at the end of that period. The purpose of the assignment was for the employee to gain wider work experience. The employee was initially accompanied by his wife and children but the children returned to Australia to continue their schooling. The employee spends his annual holiday in Australia. During his absence from Australia he rented out his home and maintained bank accounts in Australia. He made no investments in the overseas country and remitted all money in excess of living requirements to Australia for investment. In those circumstances the taxpayer was not considered to be a resident of Australia under the ordinary meaning of the word “resident” but was considered to be a resident under the extended definition of that term.

Result: Resident 

  1. An engineer was sent by his Australian employer to the Philippines on a project assignment for a minimum period of 3 to 4 years and he decided to relocate his family in the Philippines. In fact, the assignment was terminated after 2 years and the taxpayer returned to Australia. It was always his intention to return to Australia at the completion of the project. He retained his Australian home and rented it out. On arriving in the Philippines, the taxpayer and his family initially resided for short periods at a hotel and in an apartment. Later, he sub-leased a house which the family occupied until their return to Australia. Having regard to the nature and quality of his use of the place of abode in the Philippines, the taxpayer was considered to have established a permanent place of abode outside Australia. The taxpayer did not establish a regular pattern of visit to Australia during the 2 years while we worked in the Philippines.

Result: Non-Resident

  1. An Australian missionary went overseas for a period of 4 to 6 years with the probability of again being posted overseas for a similar period after completion of her furlough leave in Australia. She and her husband owned a house in Australia which they rented out during their absence. They intended to return to Australia at the end of their missionary work. She was considered to be a non-resident during the period of her absence overseas. However, during the period of furlough in Australia and while she was in Australia awaiting reappointment to another overseas post, she was not considered to have a permanent place of abode outside Australia and was a resident of Australia.

Result: Non resident during the overseas absence

The above describes the principles and examples the below are some helpful hints to consider that assist you in substantiating the ceasing of Australian residency and establishing residency outside Australia.

Checklist of things to do before leaving Australia permanently include:

  • Close personal bank accounts
  • Cancel surplus credit cards in Australia, keep one until you are able to obtain a credit card from overseas
  • Send letter to Superfund that you are leaving Australia
  • Letter to private Health Insurance
  • Send a letter to the electoral to advise of your move outside Australia.
  • Cease any Australian memberships
  • Arrange a postal forward from your address to an Overseas address OR arrange for your relative to forward correspondences to you Overseas
  • Sell personal car – (keep until you are sure that you have decided to leave Australia permanently, say 6 months after the job commences)

Checklist of things to do after leaving Australia permanently include the following in the chosen place of permanent residence outside of Australia:

  • Establish personal bank accounts
  • Establish personal credit cards
  • Join a local Superfund that you are leaving Australia
  • Establish private Health Insurance
  • Join local community memberships, sporting associations, etc
  • Establish a postal address to receive your Australian forwarded mail
  • Purchase a car
  • Sign a lease for rental of a residential accommodation that serves as your new home
  • Look for and keep as evidence your efforts to find a residential property to become your new home
  • Purchase a new home

Tax Implications on becoming a non resident.

If you go overseas and cease to be an Australian resident, or a resident trust for CGT purposes, you are taken to have disposed of certain assets for their market value at the time you cease being an Australian resident. If you are an individual, you may choose to disregard all capital gains and capital losses you made when you stopped being a resident.

If you ceased being a resident before 12 December 2006 and you make this choice, those assets are taken to have the necessary connection with Australia until the earlier of:

  • a CGT event happening to the assets (for example, their sale or disposal), or
  • you again becoming an Australian resident.

If you ceased being a resident on or after 12 December 2006 and you make this choice, the assets are taken to be taxable Australian property until the earlier of:

  • a CGT event happening to the assets (for example, their sale or disposal), or
  • you again becoming an Australian resident.

The effect of making this choice is that when working out your capital gains and capital losses on those assets, we take into account the increase or decrease in the value of the assets from the time you cease being a resident to the time:

  • of the next CGT event, or
  • you again become a resident.

The way you complete your tax return is sufficient evidence of your choice. For more information see what the <ATO> has to say.