Author Archive
Finance Newsletter – June 2013
Where are Interest rates going?
Reading the business press and thinking of fixing your home or investment loan? You are not alone. Around 50% of new loans are set up as fixed.
There are some great variable and fixed rates available.
5.19% variable is now available.
And 4.89% fixed for 2 years with citibank. This includes a free 60 day rate lock. A historical low for rates.
An experienced broker can explain the difference between fixed vs variable, and show you how you may be able to benefit from our market knowledge.
If you are not sure you have the best loan, we can help you look at your options and may be able to help you get a better rate by comparing all that’s available.
Remember that Mercia finance brokers can assist you with car loans, home loans, Lo-Doc home loans for the self employed, construction loans and any other type of mortgage or loan. Our service is free of charge to you the borrower and we have access to all the major lenders in WA.
A Mercia Mortgage broker can give you independent advice and comparisons between all the major lenders.
All these services are provided by our friendly and professional mortgage brokers at no cost to you – so you have nothing to lose and everything to gain.
If you would like to speak to a broker, call Dan Goodridge on 0414 423 340 or e-mail dg@iinet.net.au .
Property Newsletter – May 2013
Double Delight – Renovating for Profit in a Rising Market
Purchasing a property, fixing it up and then selling it for a tidy profit can be a solid business plan. But there are times when renovating seems even more appealing, such as when the market is rising. So what are the pros and cons?
It can strike at any time and it affects people from all walks of life. It’s the renovation bug and it becomes particularly active when the real estate market is buoyant and prices are rising. Seemingly ordinary people wake up one day and decide they want to buy, renovate and flip a property for massive profit.
In Australia, renovating is a popular pastime and has been around since the seventies. We spend tens of billions of dollars on it every year, normally to make improvements to our own home. However, renovating can also be a good pathway to making money if it is done right. Purchasing a property, fixing it up and then selling it for a tidy profit can be a solid business plan. The reason for this is fairly obvious.
Firstly, the potential gains are substantial if the property you are renovating for sale increases in value both from the renovation and the natural increase of the market. I have witnessed firsthand people walk away with over $100,000 profit after a single renovation.
A rising market is also very forgiving, particularly for novice renovators who are likely to make a few mistakes here and there. Even if costs blow out a little or the renovation takes longer than expected, there is a good chance of still making a profit. But renovating for profit in a rising market is certainly not a fool proof strategy for wealth creation.
Whenever someone plans to buy, renovate and sell a property, timing becomes a particularly important issue. Rising markets don’t rise forever so there is a risk that while a property is being renovated, the market turns and values start to fall. Anyone who was renovating for sale as the GFC hit would have definitely been nervous.
Renovations can take time and the schedule can easily blow out without careful planning. There can be delays in obtaining materials, finding the right trades or having to correct previous mistakes. For many novice renovators, the reality is that a renovation almost always takes longer than expected.
Ideally, you would want your property to be ready for sale at the time the market is at its strongest so you can maximise your profit. But nobody knows how long an upward cycle will last or when it will turnaround.
Perhaps the biggest risk when renovating for profit is that of overcapitalising. There is a danger that you will spend money on the renovation that won’t be recouped after sale. Ideally, a renovator would like to gain $2 in value for every $1 spent but there is a point in every renovation where an extra dollar spent doesn’t generate a return and this is often dependant on the location.
For every property in a given location, there is a ceiling price the market is willing to pay. Spending, say, $20,000 on a new kitchen may raise the value of a property by $40,000 but a $50,000 kitchen may only raise the value of the property by the same amount. Renovators must understand how much they can spend on a property given the area, type of property, the expected sale price, the purchase price and the desired profit margin.
Before deciding to purchase a property to flip, astute investors will start their calculations with a likely final sale price in mind. They will then minus the purchase price, all the costs associated with buying, selling and holding the property, and the likely renovation budget. If there is healthy profit left over then they may consider buying the property.
The difficulty of course is being able to estimate all these figures before committing to the strategy, which is why many people end up overcapitalising on a renovation. In a rising market, people tend to become more complacent with their planning and due diligence which leads them into trouble.
Another less risky option than renovating for sale may be to renovate and hold. This strategy helps investors to increase their rental returns, attract better quality tenants as well as boost the value of their property. Executing this strategy still requires sound decision making but the margins aren’t as fine and the pressure isn’t as great as when renovating to sell.
Western Australia Remains in the Fast Lane
Western Australia has once again come out on top as the country’s best performing state when it comes to economic activity, according to the latest CommSec State of the States report.
The report highlights the widening gap between WA and the eastern and southern states.
“Arguably the size of the gap between Western Australia and Tasmania can’t get any greater,” said Craig James, chief economist at CommSec, who expects even more marked divergence among Australia’s regions in the future.
The quarterly State of the States report measures each state on eight separate economic factors, and averages out performance among each.
Second to WA on the economic leader-board is the NT, whose massive growth is underpinned by a single $34 billion natural gas project. However, WA, whose economy has grown by 13 per cent in a year, is performing better across a range of measures including population growth, investment, construction activity and retail spending.
In particular, WA is the clear leader when it comes to population growth.
“Not only is the annual growth rate of 3.45 per cent the strongest in the nation, it is also more than 48 per cent above the decade average,” said James.
Home prices increased in all states except in Hobart, with the strongest growth being in Darwin, up by 7.3% and in Perth, up by 5.8%.
Acquisitions: Working With a Buyer’s Agent – Part 3
Last issue we looked at what’s involved in sourcing suitable investment properties through both on-market and off-market channels. In this final issue we’ll explain what happens after an offer is placed on a property.
As previously discussed, once the investor is interested in purchasing a particular property, the buyer’s agent will meet with the investor to discuss a ceiling price for the property and devise an optimum negotiation strategy for acquiring the property at the best possible price and with the most favourable terms and conditions.
Critically, when the buyer’s agent submits an offer on behalf of the investor, the offer may include a special clause that essentially provides a set period of time in which to conduct building, termite inspections and other research.
These additional clauses protect the interests of the investor and are a far safer option than relying on the regular clauses provided by selling agents.
As soon as an offer is accepted, the buyer’s agent will put together a comprehensive research report on the property and organise inspections, giving the investor all the information needed to make an informed decision.
Once the investor is satisfied with the outcome of the inspections and the research, the purchase can proceed to settlement. At this point, the investor would typically engage the services of a professional property manager to handle all the leasing and management requirements for the property.
Finance: What’s an Assessment Rate and Why Could it Affect Your Ability to Borrow?
Lenders don’t use the current interest rate when assessing a borrower’s capacity to make payments. Instead, they use what is called an assessment rate, which can impact on a borrower’s ability to get a loan and the amount that can be borrowed.
Before deciding to lend money to someone, say, for the purchase of investment property, the lender will carefully evaluate the borrower’s ability to make the necessary interest payments. The size of these payments, as we all know, is determined by the loan size and its particular interest rate.
But lenders don’t use the current interest rate when assessing a borrower’s capacity to make payments. Instead, they use what is called an assessment rate which is typically between 1 per cent and 2.5 per cent higher than the interest rate on the loan.
Why do lenders use this inflated interest rate? They do it to allow for any future movements in the interest rate or, more specifically, to ensure you can still afford the loan if interest rates increase.
Each lender will set their own assessment rate so the rates will vary from lender to lender. Plus, one lender may have different assessment rates for each of their loan products. Sometimes, for instance, a fixed rate loan will have a lower assessment rate than a variable loan because the interest is locked in for a set period of time. An assessment rate can also vary depending on whether it is for a new or existing loan.
Clearly, assessment rates can impact on a borrower’s ability to get a loan and the amount that can be borrowed. It’s worth noticing, however, that lenders have a whole series of internal lending policies that will determine whether a loan is approved or not, or how much can be borrowed. For instance, it may hinge on what percentage of rental income the lender will accept towards servicing, or policies regarding credit cards.
Assessment rates, which aren’t typically publicised, are one of the reasons why online calculators can be extremely misleading. If users input into an online calculator the current interest rate when assessing their borrowing capacity, they may later be disappointed when their capacity to borrow is much less than expected. It’s worth remembering that online calculators are a sales tool and should only be used to determine a ballpark figure.
Since different lenders have different assessment rates and will offer different amounts, it clearly pays for borrowers to contact an experienced, qualified finance broker who can guide them towards the lender that is most suited to their needs and situation.
Property Management: Mind the Gap
Every investor will inevitably find themselves in a situation where their tenant is vacating for one reason or another. In a perfect world, you would have one tenant move out and another move in on the same day, thereby minimising the “changeover time” when no rent is paid. But this is rarely possible and for good reason.
It’s far more natural for there to be a few days, before a new tenant can occupy the property. For starters, it’s extremely rare that the new tenant’s timetable will be perfectly aligned with the needs of the landlord, given that there is often a notice period that needs to be served with the previous landlord. Sometimes it may just be a slow market or the need to undertake work on the property that extends the changeover time.
While every landlord wants to minimise the changeover time between tenants, there are important processes that need to be followed, which take time. So, what does a property manager do when a tenant vacates? There are many things.
One of the main goals at the end of a tenancy is to make sure the property is adequately cleaned by the vacating tenant and prepared in a suitable condition for the new tenant. This involves conducting the final inspection. The final inspection will enable the property manager to evaluate the condition of the property according to the Property Condition Report (PCR) created at the start of the tenancy.
The property manager will look out for any excessive wear and tear and any areas inside or outside the property that require further cleaning or tidying. The property manager will also make sure that nothing has been wrongly removed or added to property, the correct keys are returned and that items such as appliances are in good working order.
In some cases, the outgoing tenant may have to go back to property and address the issues that were uncovered during the final inspection. After this has occurred, the property will then need a reinspection by the property manager.
When everything has been completed to the satisfaction of the property manager, the bond can be finalised and the appropriate amount returned to the tenant. At this point, an updated PCR can be created for the new tenancy.
While the changeover time allows for key processes to take place, it also provides an opportunity for the landlord to conduct any maintenance or repairs that may be necessary or desired. Some jobs are better done when the property is vacant, especially things like flooring and painting.
Although vacancy periods cost landlords money in terms of lost rent, it’s easy to justify a brief changeover time when you consider the important processes that need to be followed. These processes are ultimately in the interest of the landlord and the long term success of the investment.
Property Tax Tips: Repair or Improvement? Getting it Wrong Could Cost You
It’s one of the most common traps property investors fall into when it comes to tax time: incorrectly claiming property improvements as repairs rather than as a capital cost. So when conducting work on a rental property, how do you know what you can claim as a tax deduction and what you can’t?
Expenses that relate to repairs and maintenance of a rental property will usually be deductible when they are incurred, but any work that is considered an improvement, such as installing a new kitchen, will not be deductible and instead deemed to be a capital item that may be subject to depreciation.
There are a few important points to consider:
- A repair is the replacement or renewal of a worn out or dilapidated part of something, but not the entirety. For example, if some part of the carpet needs to be replaced that would be a repair, but if you replaced the entire carpet throughout the house, that would be an improvement and not immediately deductible (but may be depreciable).
- An item of expenditure is considered to be a repair when it brings something back to its operational efficiency, but does not significantly improve it. For example, a few light fittings may need replacing. Normally this would be considered a repair, but if you put in expensive chandeliers, it would be considered an improvement and not a repair.
- Initial repairs after you buy a property will often be considered capital improvements. The courts consider that these repairs would have been factored into the purchase price and therefore are considered capital in nature.
Generally it is wise not to conduct any repair work for some time after you purchase an investment property, unless it is of course necessary for safety issues. There is no fixed time specified by the law, but if you were to claim a large amount of repairs in your tax return the first year you purchased a property, it could certainly arouse the interest of the Australian Taxation Office.
Tax Newsletter June 2013
Cap on work-related self-education deductions
The Government has announced that it will introduce a $2,000 per-person cap on tax deduction claims for work-related self-education expenses. The cap is proposed to apply from 1 July 2014.
In making the announcement, Treasurer Swan said that without a cap, “it’s possible to make large claims for expenses such as first class airfares, 5-star accommodation and expensive courses”. However, the Treasurer said the Government “will consult with employees and employers to better target this concession while still supporting essential training”.
ATO data-matching programs
The ATO has recently announced the following new data-matching programs:
- Employers and WorkCover – the ATO will request and collect names and addresses of employers from state and territory WorkCover sources for the 2011 to 2013 financial years. It says the data will be matched to identify employers who might not be complying with their registration, lodgment and payment obligations under tax law.
- Student and temporary work visa holders – the ATO will collect details of student and temporary work visa holders between the period 1 January 2012 to 30 June 2014 from the Department of Immigration and Citizenship for the 2012, 2013 and 2014 income years. The information will be matched to identify non-compliance with tax obligations.
- Online sellers – the ATO will collect information of sellers who have made sales of $20,000 or more in the 2010–2011 income year through various online selling websites. It says records will be matched to identify non-compliance with lodgment, payment and correct reporting obligations under tax law, including undeclared income and goods and services tax (GST) obligations.
ASIC warns of property spruikers focusing on SMSFs
The Australian Securities and Investments Commission (ASIC) has warned people to be aware of property spruikers who might be encouraging them to set up a self managed superannuation fund (SMSF) in order to gear into real property.
The warning comes with the release of ASIC’s review of financial advice provided in the SMSF sector. According to ASIC, the majority of advice reviewed was adequate. However, it noted a number of areas requiring improvement, including the need to better inform investors of the risks associated with investments.
TIP: Investors should take care when considering advertisements pushing property purchases through SMSFs. A number of key considerations, such as legal obligations, risks and alternatives, should be taken into account before making a decision to invest in property via an SMSF. Please contact our office if you have any questions.
Major superannuation reforms announced
The Government has recently made a number of important announcements affecting superannuation. A key proposal announced is that the Government will change the superannuation law to cap tax-free earnings at $100,000. That is, the tax exemption for earnings on superannuation fund assets supporting income streams will be capped at $100,000 per annum per person from 1 July 2014. A tax rate of 15% will apply to fund earnings above $100,000. According to the Government, the measure would affect around 16,000 individuals who have around $2 million in their superannuation funds and an estimated rate of return of 5%.
However, the Government confirmed that withdrawals will continue to remain tax-free for those aged 60 years and over. Presumably, the proposals will be subject to public consultation before implementation.
“Holiday home” included in tax concession test
A taxpayer company has been unsuccessful before the Administrative Appeals Tribunal (AAT) in a claim to secure the capital gains tax (CGT) concessions for small businesses.
In this case, the AAT affirmed the Commissioner’s decision that the taxpayer did not satisfy the “maximum net asset value” test for the purposes of qualifying for the concessions. The AAT found that the individual who controlled the company could not exclude from the test his interest in a Queensland property, which he claimed was used for “personal use and enjoyment”.
TIP: The small business CGT concessions are intended to offer small business taxpayers a range of unique tax concessions. However, despite being targeted towards taxpayers who typically have less complicated affairs, the rules are riddled with complexities that may not appear obvious at first glance.
Each concession has its own particular rules. However, there are two basic conditions for the relief – either the taxpayer is a small business entity (SBE) or is a partner of a partnership that is an SBE, or the taxpayer satisfies the maximum net asset value test. If you have any questions, please contact our office.
Small business benchmarks catch out florist
The AAT has recently dismissed an appeal by a florist against the Tax Commissioner’s decision to issue income tax and GST assessments following an ATO audit of her florist business.
The taxpayer had reported that the cost of goods sold in her business represented 83% of her reported business income. The ATO had selected the taxpayer for audit because this figure was outside what it considered to be the industry benchmark range of between 44% and 54%.
In this case, the taxpayer was unable, due to a lack of evidence, to prove to the AAT that the assessments were excessive.
TIP: The Tax Commissioner has warned that businesses operating outside the relevant benchmarks could be subject to ATO review and/or audit, and where the businesses do not have adequate records to substantiate their performance, the ATO will make a default assessment using the appropriate small business benchmark.
Businesses may want to consider reviewing their record-keeping practices and assess whether they are at risk of an audit. Please contact our office for further information.
FBT rates and thresholds 2013–2014
The ATO has announced important fringe benefits tax (FBT) rates and thresholds for the 2013–2014 FBT year that commenced on 1 April 2013. Some of the key rates and thresholds include the following:
- The benchmark interest rate is 6.45% per annum. (It was 7.40% per annum for the 2012–2013 FBT year.)
- The record-keeping exemption threshold is $7,779. (It was $7,642 for the 2012–2013 FBT year.)
GST tax invoice information requirements
The ATO has released a Ruling setting out the minimum information requirements for a tax invoice under the GST law. The Ruling also explains the circumstances in which it is not necessary for the supplier to give a tax invoice, and the circumstances in which an input tax credit is attributable to a tax period without the recipient being required to hold a tax invoice for a creditable acquisition.
However, the Ruling states that the recipient must have records to explain its entitlement to an input tax credit for a creditable acquisition.
TIP: In certain situations, it may be difficult to ascertain whether a document is a “tax invoice” that complies with the requirements of the GST law. For example, a “quote” given by a professional or tradesperson to a single recipient would generally not qualify as a “tax invoice”.
However, the Tax Commissioner has made a determination to waive the tax invoice requirement to cover particular situations such as “offer documents and renewal offers”. Please contact our office for further information.
Finance Newsletter May 2013
Where are Interest rates going?
Reading the business press and thinking of fixing your home or investment loan?
There are some great variable and fixed rates available.
5.35% variable with the Commonwealth Bank
And 4.89% fixed for 2 years with citibank. This includes a free 60 rate lock.
If you are not sure if you have the best loan, we can help you look at your options and may be able to help you get a better rate.
________________________________________
Remember that Mercia finance brokers can assist you with car loans, home loans, Lo-Doc home loans for the self employed, construction loans and any other type of mortgage or loan. Our service is free of charge to you the borrower and we have access to all the major lenders in WA.
A Mercia Mortgage broker can give you independent advice and comparisons between all the major lenders.
All these services are provided by our friendly and professional mortgage brokers at no cost to you – so you have nothing to lose and everything to gain.
If you would like to speak to a broker, call Dan Goodridge on 0414 423 340 or e-mail dg@iinet.net.au
Tax Newsletter May 2013
Tax planning
There are many ways in which taxpayers can take advantage of tax planning initiatives to manage their taxable incomes. In order to maximise these opportunities, taxpayers need to start the year-end tax planning process early. Of course, when undertaking tax planning, taxpayers should be cognisant of the potential application of anti-avoidance provisions. However, if done correctly, tax planning can provide possible tax savings.
Deferring income
Income received in advance of services to be provided will generally not be assessable until the services are provided.
- Taxpayers who provide professional services may consider, in consultation with their clients, rendering accounts after 30 June to defer the income.
- A taxpayer is required to calculate the balancing adjustment amount resulting from the disposal of a depreciating asset. If the disposal of an asset will result in assessable income, a taxpayer may want to consider postponing the disposal to the following income year.
- Consider whether the criteria for classification as a small business entity are satisfied to access various tax concessions such as the simpler depreciation rules and the simpler trading stock rules.
- Individuals operating personal services businesses should ensure that they satisfy the relevant test to be excluded from the personal services income regime, or seek a determination from the Commissioner.
Maximising deductions
Business taxpayers
- Debtors should be reviewed prior to 30 June to identify and to write off any bad debts.
- 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.
- Review trading stock for obsolete stock for which a deduction is available.
- Non-business taxpayers
- A deduction for personal superannuation contribution is available where the 10% rule is satisfied.
- Assets costing $300 or less may qualify for an immediate deduction, subject to certain conditions.
- Outgoings incurred for managed investment schemes may be deductible.
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 or associates may give rise to unfranked dividends that are assessable to the shareholders or associates. Shareholders and entities should consider repaying loans and 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 want to consider consolidating for tax purposes prior to year-end in order 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.
- Companies should carefully consider whether any deductions are available for any carry forward tax losses, including analysing the continuity of ownership and same business tests.
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 (FTE) is required to ensure any losses or bad debts incurred by the company will be deductible and to ensure that franking credits will be available to beneficiaries.
- If a trust has an unpaid present entitlement to a corporate beneficiary, consideration should be given to paying out the entitlement by the earlier of the due date for the lodgment of the trust’s income tax return for the year and the actual lodgment date, in order to avoid possible tax implications.
- Avoid retaining income in a trust because the income may be taxed at 46.5%.
Capital gains tax
- A taxpayer may consider crystallising any unrealised capital gains and losses in order to improve their overall tax position for an income year.
- 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.
Superannuation
- The ATO has reminded taxpayers to consider the superannuation contributions caps and the timing of when contributions are made when planning their tax affairs, in order to avoid excess contributions tax.
- Eligible individuals who breach the concessional contributions cap by up to $10,000 will be given a once-only option for the excess contributions to be refunded without penalty.
- A member of an accumulation fund (or whose benefits include an accumulation interest in a defined benefit fund) may be able to split with their spouse superannuation contributions.
- A tax offset of up to $540 is available for a resident taxpayer in respect of eligible contributions made by the taxpayer to a complying superannuation fund or a retirement savings account for the purpose of providing superannuation benefits for the taxpayer’s low-income or non-working resident spouse (including a de facto spouse).
- Taxpayers aged 50 years or over should review their transition to retirement pensions and salary-sacrificing arrangements to take into account the reduction in the concessional cap from $50,000 to $25,000 for 2012–2013 and 2013–2014. However, note that the Government proposes to increase the concessional contributions cap to $35,000 for seniors.
- For eligible individuals, a government low income superannuation contribution of up to $500 will be available.
Fringe benefits tax
- The living-away-from-home (LAFH) rules have been significantly overhauled. While the rules remain in the FBT regime, there is an increased requirement to ensure LAFH payments are properly tracked, categorised and substantiated.
- The four rates used in the statutory formula method for determining the taxable value of car fringe benefits are being replaced with a single statutory rate of 20%. Taxpayers should review contracts for changes to a ”pre-existing commitment”.
- The Government has proposed amending the FBT law to remove the concessional FBT treatment for in-house fringe benefits accessed by way of salary-packaging arrangements.
- Individuals
- For 2012–2013 and later income years, the dependent spouse tax offset will only be available to those born on or before 1 July 1952.
- The Government has announced that it will remove the 50% CGT discount for foreign residents on capital gains accrued after 7.30pm (AEST) on 8 May 2012. However, the CGT discount will remain available for capital gains that accrued prior to this time where foreign residents choose to obtain a market valuation of assets as at 8 May 2012.