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Property Newsletter January 2013

5 Signs the Market is Looking Up

Since the GFC, the Perth property market has been somewhat sluggish with brief glimpses of what may lay ahead. But now there are very strong signs that the next 12 months will see solid growth in property values. So, why are so many people convinced that 2013 will be a good year for property prices?

For those with their ears close to the ground, it has been coming for quite a while – a gathering of economic forces and market trends that all point to a near certain future.

In fact, there are already signs of growth in some parts of our city and according to recent figures from RP Data-Rismark the Perth market grow strongly in the 3 months to December of last year. In some suburbs, prices are back to pre-GFC levels.

Some commentators believe property prices in Perth could increase between 5 and 7 percent over 2013, and we believe certain areas could achieve even stronger growth.

So, why are we convinced that 2013 will be a good year for property prices? Here are 5 reasons:

1. Population growth

Population growth in WA, and specifically Perth, has been happening at a phenomenal rate. It has been massive not just by Australian standards but also on a global scale. Currently, around 1500 people are entering the state each week.

The growth has been driven by an influx of new arrivals, mainly from overseas, as a consequence of the economic opportunities in the state. With many parts of the world struggling economically, people are coming over for high paying jobs and to build a better future for their family. And, of course, these people need somewhere to live.

2. Rental market

When the supply of new housing can’t keep up with the rate of population growth, there is increased pressure on the housing market. It first affects the rental market, as many new arrivals choose to rent when they first arrive, then the sales market.

The rental market in Perth has been extremely tight in recent years, which has put upward pressure on rents. In 2012, Perth recorded a 17.5% growth in median house rents and 14% growth in unit rents. We’re currently seeing situations where applicants are offering above asking prices in a bid to secure a rental property. This trend is expected to continue into 2013.

It is widely accepted that rental growth is a leading indicator for price growth. As rents increase, there is simply a greater incentive for renters to buy.

3. The Economy

What can you say about the WA economy that hasn’t already been said? It’s the nation’s powerhouse.

Of the eight key indicators typically used to analyse the economy of the states and territories, WA typically leads the way on most of them – economic growth, construction work, unemployment, retail trade, population growth and equipment investment.

A strong economy means money is flowing into the state, businesses are investing and hiring, there are opportunities being created, and consumers are confident in their ability to take on and service housing debt.

4. Development and Infrastructure

Perth is developing rapidly as a city. Not only is the city centre being totally transformed, but there are various strategic centres being enhanced thanks in part to an increased shift towards suburban infill.

All of these developments are creating new opportunities for work and living, and helping to attract people from overseas and interstate.

Importantly, there is massive investment in transport infrastructure, including roads, hard rail and light rail, which is literally changing suburbs and laying the foundations for future property hotspots.

5. Interest Rates

Interest rates are currently very low, making housing debt more affordable, and therefore increasing demand for property. The expectation is that rates may decrease further in 2013 in a bid to help stimulate struggling parts of the national economy. This will add more fuel to the fire of the booming WA economy, putting even more pressure on the housing market.

Conclusion

If you are investing in property right now or already own property in Perth, these are just 5 reasons why you should be excited about the prospect of capital growth in 2013. There are, in truth, many other positive signs as well, such as the current low stock of properties for sale and historically good levels of affordability.

While the upcoming federal and state elections may result in some uncertainty amongst homebuyers and sellers, I expect this to be only a temporary glitch.

With first home buyers, investors and change-up buyers all expected to be active in the market, 2013 is shaping up to be a year of opportunities. For some it will be opportunities maximised, and for others it will be opportunities lost.

Early Signs Perth is on the Way Up

Perth’s median house price grew by around 3% in the December quarter, according to preliminary figures by the Real Estate Institute of Western Australia (REIWA).

It grew from $480,000 in the September quarter to $495,000 by December, a period that also saw sales activity grow by 4%.

While a higher median price could indicate that property values are increasing, it could also be distorted by strong activity at the more expensive end of the market.

“We have recorded more activity in the $600,000 to $700,000 range, as well as with homes over $800,000,” says REIWA president, David Airey.

In another positive sign for the market, only 55% of sellers discounted their price to achieve a sale in the December quarter compared to 60% in the September quarter.

“Now that buyers have more confidence and sellers are meeting the market with better pricing, the number of selling days has dropped from 71 to 62 for the quarter and this figure has been trending down for a while,” says Mr Airey.

The Road to Property Riches

Why is transport infrastructure so important for property investors? And what type of projects can typically impact on property prices the most?

In recent months, the Western Australian Government has announced a number of significant investments in transport infrastructure. This may have pricked the ears of some property investors who recognise the importance of these projects in determining future property hotspots.
These developments generate demand for housing and can cause price rises in adjacent suburbs. Sometimes the benefit to an area is obvious, other times only the truly astute investors will recognise the flow-on effects.

So why is transport infrastructure so important? And what type of projects can typically impact on property prices?

An area’s “value” is based on many things including its proximity to major centres, lifestyle attributes, beauty, and safety. If new transport infrastructure improves an area in one of more of these factors, the value of the area should increase.

New infrastructure, such as major connecting roads, can greatly affect people’s perception of distance. In some instances, a suburb may have better access to the CBD than suburbs closer to the city because of better roads. But it’s not just distance that can be impacted. New infrastructure can also improve an area’s beauty and safety.

What types of infrastructure projects have the biggest impact? In Perth, projects involving the rail network (including the proposed light rail system), new major roads, or significant improvements to existing roads have the potential to impact on property values.

Extensions to the existing rail line can certainly improve the prospects of outlying suburbs by providing better access to the city. Similarly, the proposed light rail system will provide some suburbs that previously relied on buses with direct rail links to the CBD and other major centres.

It’s not just new roads that can make a different but even widening of roads can impact areas by reducing congestion and reducing travel times. Reconfiguring of roads and new bridges can also make a significant change.

How do investors take advantage of transport infrastructure developments? By investing in the relevant areas before buyers realise the full benefit of the projects.

Good transport infrastructure is vital for a thriving economy, and public transport in particular, is becoming increasingly important as our population swells and the price of petrol increases.

Next time you hear an announcement of a new transport infrastructure plan, think about how it will affect surrounding suburbs. Which areas will become more appealing as a result? Or better yet, start digging for yourself and find out those plans and projects that other investors won’t know about.

Have You Had Your Yearly Check-Up?

For anyone who owns a property with a mortgage, now is a fantastic time to get a financial check up, which could save you money or help you to reach your goals sooner.

It’s that time of the year when many of us are trying to make improvements in our lives and planning for the months ahead. High on the list may be a fitter lifestyle and getting that long overdue check-up at the doctor.

For anyone who owns a property with a mortgage, now is also a fantastic time to get a financial check up. This type of review is completely pain-free and doesn’t require you to wear a funny gown. But it can uncover some excellent opportunities that could save you money or help you to reach your goals sooner.

Reviewing your loans will help determine whether they are suited to your current circumstance, which may have changed since you first obtained the loans. A change in jobs, the arrival of children or a new wealth creation plan may all warrant an adjustment.

Even if your circumstances haven’t changed, there is a good chance that new products have become available that could save you thousands of dollars. The home loan market is very competitive and so lenders regularly try to outbid each other with various discounts and incentives.
Reviewing your mortgages can often result in lower interest repayments, higher borrowing capacity or more financing options. It is a vital exercise for both home owners and investors, but particularly the latter who may want to unlock equity for another investment.

Even if nothing changes at the end of the review, at least you have the peace of mind knowing your loans are giving you the best chance of financial success.

A lot of work goes into signing up for a mortgage, so it’s understandable why many people do not review their position regularly. But a financial health check is a simple process with enormous potential for financial gain. And it begins with a quick call to your trusted finance broker.

Choosing Between Different Rental Applications

For a landlord, it’s a nice problem to have. Your vacant property has been advertised, there have been countless inspections and now you have received numerous applications. So how do you pick the right applicant?

Screening rental applications is a crucial process. Choosing the right tenant can mean fewer issues and a better maintained property.

While every landlord has a different situation, here are some general tips on choosing between different applications.

It sounds obvious, but consider what you really want in a tenant. At a basic level, you might want a tenant who pays their rent on time and takes good care of the premises. But you may also want a tenant who is going to stay put for a number of years, and this may affect your choice of applicant. In this case, you may place increased importance on the applicant’s previous rental history and the reasons for the applicant leaving their current property.

What if one applicant is offering to pay above the asking price? While the possibility of extra income may be alluring, selecting on this basis alone can lead to disastrous consequences. While a tight rental market might be encouraging applicants to offer more than the asking price, some tenants are forced to offer more because of a poor history or references.

Checking references is very important and one of the time-consuming jobs typically performed by a property manager. Reference checking generally involves obtaining feedback from the tenant’s previous property managers or landlords regarding the tenant’s tenure, payments, and cleanliness.
A reference check may also involve calling the applicant’s employer to confirm they have a job, can pay the rent, are a good employee, and likely to continue working.

Checking personal references may also uncover information that is useful in screening applicants, though it’s important to allow for a certain degree of bias with references from friends and family.
Above all, when deciding between different applications, discuss this with your property manager. In most cases, your property manager would have met the applicants and this will reveal a great deal of information.

Ask your property manager what their impression was of the various applicants. Good property managers have an instinct for knowing which tenants would best suit a particular property and can therefore save landlords a lot of time and money over the long term.

Suburb Snapshot: Yokine

Yokine definitely has strong fundamentals and with the prospect of the new light rail system, it has strong potential for capital growth.

Yokine is an established residential suburb around 6km from the Perth CBD and part of the City of Stirling. It neighbours Nollamara to the north, Dianella to the east, Inglewood and Menora/Coolbinia to the south, and Tuart Hill and Joondanna to the west.

The suburb was mostly established during the post-war years, particularly from the 1950s to the 1970s.

Today, it’s made up of a range of property types including new homes, medium-density duplexes and villas, older detached housing, entry level units and development sites, with a median house price of around $600,000. Compared to the Perth average, it has a high proportion of renters.

The suburb provides families with plenty of education options, both public and private, and there are numerous shopping precincts including the strangely-named Dog Swamp Shopping Centre, and Flinders Square Shopping Centre. The Mount Lawley coffee strip is also close by.

Yokine is a very green suburb with many parks and a fantastic golf course. The largest park is the popular Yokine Reserve, which incorporates lawn bowling greens, sports ovals, tennis courts and a community recreation centre. The playground within the reserve recently received a major multi-million-dollar upgrade making it one of the best in Perth.

Yokine offers investors development options due to favourable zoning. It is common for older houses to be knocked down and the land subdivided to accommodate new villas and townhouses. These sites typically sell in the high $600,000s.

Yokine is serviced by many bus routes but it has no connection to the rail network. However, this may change with plans for Perth’s first light rail system, called MAX, which will provide residents of Yokine with direct rail access to the CBD. This massive project could benefit the suburb greatly.

Another positive development is the City of Stirling’s plans to develop the Stirling City Centre and make it a large employment area within Perth, which will benefit surrounding areas.

Yokine definitely has strong fundamentals and with the prospect of the new light rail system and the gradual rejuvenation of the suburb, it has strong potential for capital growth, particularly at the cheaper end of the property market.

Growth rate (1 year average) 0.0%
Growth rate (5 year average) 1.0%
Growth rate (10 year average) 9.5%
Population 10613
Median age of residents 37
Median weekly household income 1206
Percentage of rentals 42%
Source: REIWA.com.au, January 2013

Capital Gains Tax (CGT): Main Residence Exemption

One of the few times you can get a tax break is with your main or principal residence which is exempt from Capital Gains Tax (CGT). So what really is a main residence and what rules do you need to be aware of?

The concept of your ‘main’ or ‘principal’ residence is an important one due to its significant influence on your future financial situation. When it comes time to sell your home, it is one of the few windfalls you can receive (assuming you make a profit when you sell) that is not subject to tax. Your main residence is exempt from tax on any capital gains provided it meets a few criteria.

For most people, figuring out what is your main residence is pretty straightforward. But for others, it is not so simple due to their circumstances. In some cases, you may even have a choice as to what property you claim. For these situations it’s important to understand a few key rules:

It must be a dwelling
A dwelling is considered a building or part of a building consisting mainly of residential accommodation with land under the accommodation. Therefore it could be a caravan or mobile home, but cannot be vacant land.

You must reside in the property
Definitions are not explained in the tax legislation; however the Australian Tax Office (ATO) has listed a number of factors that are taken into account to determine whether they would allow your claim for main residence exemption. These include:
• Length of time you lived in the property (it’s often assumed this should be at least 3 months but it’s not stipulated by law)
• Where the rest of your immediate family live
• Whether you keep your personal belongings at the property
• The address where your mail is actually delivered
• Whether your address on the electoral roll matches that of the property
• Connection of services such as gas, telephone and electricity
• Your intention of occupying the premises

Other considerations
One main residence at a time
You can only claim one residence as your ‘main’ residence at any one time. However, you are allowed a six-month overlap of main residences when you are changing homes (between the time of acquisition of the new and disposal of the old).

Temporary absence
If you choose to move elsewhere and rent out your home at some stage, you can continue to claim the main residence status on the property for up to 6 years even though you don’t actually live there. This will not impact on your ability to claim deductions on your now investment property, it will only impact on CGT. The catch is that you will not be able to claim the other property you are now living in as your main residence during this time, if you claim your former home as your main residence.

Partial exemption
There are times when a property can only receive a partial exemption. One of those is when you move house, your new home becomes your main residence, and you then rent out your old home. During the time in which your old property is rented and no longer considered your main residence, it will be subject to CGT. However CGT will not be calculated during the period you lived there and claimed it as your main residence. The other time your main residence will receive a partial exemption is when a part of it is used for business and other such income producing purposes (e.g. a beautician servicing customers in a spare bedroom). In these circumstances, the proportion of the dwelling used for such purposes will be subject to CGT for that period, while the rest of the dwelling will continue to be exempt. This area can be tricky to interpret so do seek professional advice if you have concerns.

Pre-occupation period
If you are building a home on vacant land or substantially renovating a property and therefore cannot live at the property, you can still claim main residency in both examples under a “pre-occupation exemption”. Under this exemption you can treat the property as your main residence for up to 4 years before you actually occupy it provided you occupy it as soon as practicable and live there for at least 3 months after doing so. Naturally, you must not claim any other property as your main residence during this time.

Property in individual names
With a few minor exemptions, property can only be claimed as a main residence if held in individual names. Property held in a company or trust therefore cannot claim the CGT break. Because of this significant tax implication, most people hold their home in their personal names. If asset protection is an issue, best to consider holding it in just one partner’s name which still allows you to access the CGT benefits while affording some asset protection.

Taxation is not always a straightforward area and many rules are subject to interpretation so I encourage you to seek professional advice from your accountant if you have any questions or concerns.

Tax Newsletter – February 2013

Tasmanian bushfires – lodgment and payment deferral

For victims affected by the Tasmanian bushfires of January 2013, the ATO announced that it will make arrangements to defer lodgment and payment of certain monthly and quarterly activity statements. The arrangements are automatic, which means taxpayers who reside in certain identified postcodes will not have to apply for a deferral.

Taxpayers who are located outside of the identified postcodes and who have been affected by a natural disaster are encouraged to contact the ATO for further assistance.

The TasmanianState Revenue Office has also announced an extension of the time to pay land tax bills for persons affected by the bushfires.

SMSF investment in property requires care

The ATO has warned trustees of self managed superannuation funds (SMSFs) to exercise care in ensuring that arrangements entered into to invest in property are properly implemented, particularly those involving limited recourse loans.

The ATO is concerned about arrangements that do not comply with the superannuation law. It warned that such arrangements may not be simple to rectify. Further, it added that unwinding an arrangement may involve a force sale of the asset, which could cause a substantial loss to the fund.

TIP: Given the complexity involved, a trustee should obtain detailed advice in relation to a borrowing arrangement. It is vital to plan ahead to mitigate any adverse tax or stamp duty consequences. Please contact our office for further information.

ATO data-matching programs

The ATO has announced data-matching programs to identify instances where taxpayers may not be meeting their tax obligations. The ATO says it will collect data from various banks and credit card companies relating to credit and debit cards sales of entities for the period 1 July 2011 to 30 June 2012. This will assist in identifying circumstances requiring ATO administrative action.

Records relating to approximately 900,000 merchants will be matched. The ATO says it will also collect from state revenue offices and other government agencies the names and addresses of individuals and entities transacting with real property in order to identify non-compliance with the tax law. Records relating to over 10 million individuals will be matched.

Deductions for rental properties allowed

In a recent decision, the Administrative Appeals Tribunal (AAT) allowed a taxpayer’s claim for rental deductions in respect of two properties for the 2008 income year.

The taxpayer owned the properties with her two sons as joint tenants and for part of the year, the properties were rented to her ex-husband and one of her sons. The taxpayer, in her 2008 tax return, declared a 50 per cent share of the rental income. She also claimed a 50 per cent share of the rental deductions.

The Tax Commissioner argued the tenancies were not commercial and therefore the deductions claimed were not allowable. However, the AAT found that there was no evidence that the taxpayer was assisting her ex-husband or her son. Further, the AAT noted the rent charged by the taxpayer did not differ greatly from the figures presented by the Commissioner. In conclusion, the AAT held the rental income was assessable and the expenses incurred were deductible.

Foreign income assessable

The AAT has found that a taxpayer was a resident of Australia and therefore affirmed the Tax Commissioner’s decision to assess the taxpayer’s foreign income earned for the 2006 to 2008 income years.

The taxpayer migrated to Australia in 2005 with his family on a business migration permanent visa. He worked as a pilot, which required him to be away from Australia for extended periods of time.

The taxpayer argued that he was a foreign resident and should not be taxed on the income. However, the AAT said this was a case where the taxpayer was “clearly an Australian resident for tax purposes”. Among other things, the AAT took into account the taxpayer’s desire to live in Australia as stated in his permanent resident visa application, that his family lived in Australia and that he stayed in hotels when working overseas.

The AAT also noted that the taxpayer held an Australian driver’s licence, retained private health insurance in Australia, had Australian bank accounts and owned an investment property in Australia.

Mistaken belief does not revoke excess super tax bill

A taxpayer has been unsuccessful before the AAT in arguing that her “mistaken belief” as to the timing of a superannuation contribution was a “special circumstance” that warranted reallocating excess superannuation contributions to an earlier financial year.

The taxpayer had started salary sacrificing in 2005 to build up her superannuation balance, which was relatively low due to her work patterns being affected by child care responsibilities over her working life. The taxpayer exceeded her $25,000 concessional contributions cap for 2009–2010 by $3,398 and was issued with an excess contributions tax assessment of $1,070.The issue in dispute centred around an employer contribution that was made on 3 July 2009, but which was attributed to the 2009–2010 financial year.

The taxpayer was under the mistaken belief that an employer contribution made before 28 July would be treated as a concessional contribution for June 2009 and therefore allocated to the 2008–2009 year. The taxpayer argued that the timing of the contribution was beyond her control. She also claimed that the superannuation law could not have been intended to adversely affect women in her situation who have had child caring responsibilities.

Although the AAT was sympathetic, it nevertheless upheld the Tax Commissioner’s decision not to reallocate the contribution because it found that the taxpayer’s “mistaken belief” as to the timing of concessional contributions did not, in its view, constitute the “special circumstances” that are required under the superannuation law in order to reallocate a contribution.

TIP: This case highlights the need for individuals to know when their super contributions are being paid into their super fund by their employer. Individuals should also consider checking their salary sacrifice arrangements to see if there is an agreement as to when salary sacrifice amounts will be transferred by their employer to their super fund. Please contact our office if you have any questions.

Taxman’s new power to address super law contraventions

The Government has proposed to establish what it calls a fairer administrative penalty regime for trustees of SMSFs for certain contraventions of the superannuation law. Administrative penalties would range from $850 to $10,200. Broadly, the new regime will give the Tax Commissioner another way to encourage recalcitrant SMSF trustees to remedy defects quickly, rather than rely purely on existing heavy-handed enforcement powers.

The changes also propose to give the Tax Commissioner a new power to issue SMSF trustees with “rectification directions” and “education directions” for superannuation law contraventions. A rectification direction may require the person to take a specified action to “rectify” the contravention and to provide the ATO with evidence of the person’s compliance with the direction. An education direction may require a person to undertake a specified approved course of education within a specified time frame and to provide the ATO with evidence of completion of the course.

If implemented, the new regime will apply from 1 July 2013.

Finance Newsletter – December 2012/January 2013

Finance Newsletter –

Good news for all borrowers – there are some great variable and fixed rates available.

This means if you look around you are likely to find a better rate than you currently have. Heritage bank is currently offering 5.64% variable rate, with no monthly or annual fees. Refinancing is easy with the help of a mortgage broker, so have a look at your loan. We may be able to save you thousands per year. Fixed rates as low as 5.34% for 2 years are available

Use this opportunity to speak with a mortgage broker to ensure your bank is looking after you and that you have the best loan for your circumstances.

You may be able to save interest by fixing your home loan . You may be able to fix for 1-3 years at a lower rate then you currently have. Why wait for rates to go down. Switch to a lower rate now.

There are many benefits of using a mortgage broker and our services are provided to the borrower free of charge.

Call Dan Goodridge on 0414 423 340 or e-mail dg@iinet.net.au at Mercia Finance for obligation free finance information.

Tax Newsletter December 2012/January 2013

Mini-budget tightens fringe benefits, health rebates and more

The Government’s mid-year budget update was handed down in late October 2012. The Treasurer revised down the expected Budget underlying cash surplus to $1.1 billion for 2012–2013 – down from $1.5 billion estimated in the May 2012 Budget.

The Government did not announce anticipated changes to claw-back superannuation tax concessions (much to the relief of many superannuation investors). However, the update did contain a host of small, but not insignificant, tax proposals.

In the mini-budget update the Government announced the removal of the concessional treatment for in-house fringe benefits that are accessed through a salary sacrifice arrangement. The proposal will apply from 22 October 2012 to salary sacrifice arrangements entered into on or after 22 October 2012, and from 1 April 2014 for salary sacrifice arrangements entered into prior to 22 October 2012.

Changes to the Private Health Insurance Rebate were also announced. From April 2014, the premium to which the rebate is applied will move in line with the CPI or commercial premium increase, whichever is lower.

The Government is also widening the circumstances for which monies in “lost” or “inactive” superannuation accounts are to be transferred to the ATO. However, the Government said that from 1 July 2013, interest at a rate equivalent to CPI inflation will be paid on lost superannuation monies reclaimed from the ATO.

TIP: These proposals, including many others, are subject to the formal enactment of legislation. Please contact our office for further information.

ATO to data-match motor vehicle purchases

The ATO is collecting details of individuals and businesses who have purchased or acquired a vehicle with a transaction value of $10,000 or greater in the 2011–2012 or 2012–2013 financial years. The information will be collected from state and territory motor vehicle registries and matched electronically with the ATO’s records. The ATO is seeking to address potential non-compliance in the following areas:

  • income tax;
  • superannuation;
  • goods and services tax;
  • fringe benefits tax; and
  • luxury car tax.

AUSTRAC shares information with the ATO

AUSTRAC has recently highlighted the growing role of financial intelligence in tackling crime, including tax evasion. In 2011–2012, AUSTRAC reported that information sharing with the ATO assisted with over 3,500 cases that resulted in $252 million in additional tax assessments being raised. The year before, AUSTRAC reported that its information directly contributed to some 1,600 ATO investigations, leading to tax assessments of around $241 million.

Honest mistake in not documenting private company loans

A taxpayer has been, in most part, successful before the Administrative Appeals Tribunal (AAT) in relation to a matter concerning loans from a private company. These loans were made to him, over various years, as a shareholder and director of the private company. The ATO had treated the loans, which were made in the 2005, 2006 and 2007 income years, as assessable dividends.

The AAT sided with the ATO in relation to the 2005 loans. However, the AAT decided differently in respect of the 2006 and 2007 loans. It found that a discretion under the tax law should be exercised to disregard the deemed dividends because it found that there was an “honest mistake” in failing to properly document the loans.

TIP: The Tax Commissioner has the ability to disregard a deemed dividend, or allow it to be franked, if certain conditions are met. Generally, a taxpayer must apply to the Commissioner to ask for the discretion to be exercised, and must be able to demonstrate that the failure to meet the requirements of the law was due to an honest mistake or an inadvertent omission.

In making his decision, the Commissioner must have regard to various factors specified in the law. Please contact our office if you have any questions.

Depreciation deduction allowed for certain equipment

A recent case before the AAT has highlighted the need for businesses to maintain appropriate records of plant and equipment used in business.

The taxpayer, who was a partner of a box manufacturing business, was partially successful before the AAT in relation to claims for depreciation for certain items of plant and equipment used in the business. The AAT found that there was sufficient evidence that some items of plant and equipment were used in the business for the purpose of deriving assessable income. However, the AAT found it was not possible to allow the depreciation claimed for a number of other items. A key problem noted by the AAT “was the fact that the partnership did not keep basic business records”.

TIP: The depreciation rules for small businesses have recently been amended. The changes only apply to small businesses (including connected or affiliated businesses) that have an aggregated turnover of less than $2 million. Businesses must keep appropriate records. From the 2012–2013 income year:

  • the small business instant asset write-off threshold has increased from $1,000 to $6,500;
  • small businesses can claim an accelerated initial deduction for motor vehicles acquired in 2012–2013 and subsequent years; and
  • the long-life small business pool and the general small business pool have been consolidated into a single pool to be written off at one rate.

Special circumstances found to set aside excess contributions tax

A taxpayer has successfully argued before the AAT that there were special circumstances in his situation to allow for the exercise of the Commissioner’s discretion under the law to reallocate superannuation contributions. Accordingly, monies paid into his superannuation account in late July 2009 could be attributed to the 2008–2009 financial year, and this meant that the taxpayer would not exceed the (then) $50,000 contributions cap.

The taxpayer had a salary sacrifice arrangement with his employer, whereby funds were paid on his behalf to his super fund. The taxpayer had the intention of contributing super each month and staying below the relevant cap.

However, the AAT heard that the disputed payments occurred because salary sacrifice amounts for the months of April, May and June 2009 were not transferred by the taxpayer’s employer to the fund until July 2009.

The taxpayer claimed that he had been unaware of the delay because he believed the sums were transferred to the fund, based on his monthly payslips. The AAT found that, in this case, there were “special circumstances” that allowed the reallocation of the monies to the previous year.

TIP: This case highlights the need for individuals to check their payslips for their super contributions (especially year-to-date amounts) and know when their super contributions are being paid into their super fund by their employer.

Individuals should also consider reviewing their salary sacrifice arrangements to check whether there is an agreement as to when salary sacrifice amounts will be transferred by the employer to the individual’s super fund. Please contact our office if you have any questions.

Property Newsletter November 2012

Beware the Hype: 6 Marketing Traps Investors Get Sucked Into

When it comes to deciding how to spend your property investment dollar, there are many options from which to choose, from established houses to off the plan apartments and everything in between.

As if the decision wasn’t difficult enough, there are also many people and organisations out there trying to sway your decision in their favour with an avalanche of marketing messages competing for your attention and ultimately your wallet.

The major problem is that many of the products these people are selling are fundamentally flawed and will ultimately underperform, as many investors have unfortunately discovered. So how do you avoid being sucked into acquiring a dud investment? Here are 6 of the main marketing traps you should look out for:

1. The big budget campaign Property marketers are typically smart people. They know how to grab the attention of buyers and are prepared to spend big money to make whatever they are selling seem very appealing.

Anyone who has ever bought an apartment off the plan will be familiar with the glossy brochures, artist impressions, detailed research reports, full page advertisements and 3D models that often accompany a sales campaign. And these tools can be very impressive. Quite often they will tell you what a great investment the property will be.

The key thing for astute investors to realise is that the more money spent on a slick marketing campaign, the more developers need to charge to recover all the expenses. Just because there is a big budget marketing campaign doesn’t mean it’s a good investment.

2. Incentives and kickbacks An incentive is a great way to encourage people to commit to a property purchase, whether it is a rebate, brand new car or furniture package. The thing to remember with any incentive is that the value of the incentive has already been factored into the price of the property. If you’re getting a $30,000 rebate on a house and land package, you’re likely paying at least $30,000 too much for the property, even if you think you’ve negotiated a good deal.

Property investors need to remember that quality investment properties, i.e. those for which there is a genuine demand, don’t need incentives to sell.

Kickbacks work in the same way but are not as obvious. A developer or building company will often pay a salesperson, which could be an advisor or marketing company, a commission of up to $40,000 per sale. As with incentives, kickbacks artificially increase the price you pay for the property and should set off alarm bells for investors. Nothing is free. If anyone says they are helping you build your wealth and there is no charge, you can be almost certain they are getting paid by the seller and working for them not you.

3. Guarantees and big claims Any guarantees that promise a particular investment outcome or that are designed to reduce the perceived risk of an investment should be clear warning signs for investors.

The classic example is the rental guarantee. Although a guaranteed rental income (for a short period of time) may seem enticing, it probably masks the fact that there isn’t a strong rental demand for the property. Worst still, the total amount of rent that is “guaranteed” is often built into the price of the property anyway.

Similarly, promises of extremely high rental returns could be designed to distract investors from the fact that the property has little potential for capital growth. These claims generally have little substance to them and almost always fail to mention the high risk that may come with the high returns. Investors should always ask why the developer needs to offer this guarantee.

4. The location trap A lot of products targeted to naive investors and first home buyers are located in parts of the country with little potential for upside. These are often areas with abundant supply of land, poor economic drivers and a lack of infrastructure, which hold back capital growth.

Many first homebuyers buy a house and land package on the outskirts of the city with a plan to get their foot on the property ladder and later upgrade to a better location. The problem is that because these locations have abundant free land and a constant flow of newer properties coming to market, the capital growth rate underperforms the market.

Property is about demand and supply. If there is lots of potential supply then the growth rate may suffer and it means there are better property investment options available.

5. Too much in the building Logic dictates that when investing you should seek out a property with a high proportion of land value as this is what will drive capital growth. With new property, however, most of the value lies in the building component and not the land, which will hamper capital growth as the building depreciates.

The 30 year old property on a good size block in the middle of suburbia might not look too glamorous when compared to a brand new property, but chances are it will make a far better investment over the long term.

6. Buying for tax reasons Some products, such as properties sold under the National Rental Affordability Scheme (NRAS), are often promoted for their tax advantages. This marketing approach is ultimately designed to distract investors from less favourable aspects of the investment, such as its location or potential for capital growth.

Investors should never base an investment decision solely on the impact it will have on their tax return. Tax deductions should be considered a welcome bonus of investing but tax is one of a number of factors investors to consider, not the main factor.

Conclusion Property investors should always bear in mind that the more marketing activity surrounding a particular product, the more red flags should go up. It’s always wise to ask the question ‘how hard is the seller or developer trying to convince me to buy?’ I’m not saying that all heavily marketed investments are automatically bad. However, noticing these marketing techniques should at least drive you to do your own independent investigations. Slick marketing is no substitute for quality research. Just because the sellers and selling agents tell you it’s a great investment doesn’t mean it is.

Perth Gains Best in the Country Perth house prices have increased more in the last year and quarter than in any other Australian city, according to data from Residex. The market could also be heating up further with September figures showing growth in Perth is ahead of Sydney, Brisbane, Melbourne and Adelaide. House prices have increased 6.63% over the year, with a 13.41% jump in the number of sales to 24,707. Rents for houses have also increased dramatically, up 21.52% for the year to $480 per week, which is double anywhere else in the country. REIWA president David Airey believes higher rents, a low rental vacancy rate and strong population growth will continue to put pressure on property prices. He also sees positive signs in the first home buyer market, which tends to underpin the rest of the market. “First-home buyer grants for the September quarter were at their highest level since 2009, before the first-home owner grant boost ended, and now account for around 30% of sales,” says Airey.

Acquisitions: Location or Type of Property – Which Should you Choose First? Two of the most important decisions you can make when buying an investment property are (1) where to buy, and (2) what type of property to choose. But which decision should come first?

Some investors choose a specific location and then find a property in that location that meets their budget and criteria. Others will have a specific property type in mind and will be far more flexible with regard to the location. Let’s have a look at whether any of these approaches is better than the other.

There are many types of property an investor can choose including houses, villas, townhouses, and apartments. Plus, you could easily divide each of those categories further,  such as new houses and old houses, which can offer very different things to an investor.

It’s understandable why an investor might decide on a property type before choosing a location because of the inherent benefits and burdens associated with each type. Certain types of property, such as apartments for instance, can provide excellent rental returns but they may also come with additional costs (e.g. strata fees). Houses, on the other hand, might cost more to buy and hold but could provide better capital appreciation.

Similarly, new property can provide impressive depreciation allowances, but buying this type of property can mean choosing locations on the outskirts of the city that are likely to offer less in terms of capital growth potential.

Buying an established villa might be a great option for an investor as it offers a good balance between land value and rental return. But a villa might not be a good choice in certain suburbs where the demand heavily favours another type of property.

It would seem therefore that a location should be chosen first. However, choosing a location first could also be problematic. For example, an investor might not be able to afford the right type of property in a chosen location and end up buying a sub-standard asset that is either inappropriate for the market or that has fundamental issues associated with it (e.g. being on a main road).

In the end, the choice of location is arguably more important in determining the long term success of an investment, though it’s difficult to separate it entirely from the decision of property type. Both decisions need to happen in unison and ultimately be based on the investors goals, budget and appetite for risk.

Property Management: A Risky Friendship There may be times as a landlord when you personally meet and directly converse with your tenants. You may even get to know them quite well and start forming a friendship, or perhaps you were even friends before they became your tenant. But is it a good idea to be friends with your tenant? Some would say it’s a good thing as there will be mutual trust and better communication and understanding. Plus, it may even encourage the tenant to stay in the property long term.

However, there are very good reasons why it isn’t advisable to get too friendly with your tenants. For instance, tenants may get too comfortable and start asking for favours, such as delaying their rental payments or bringing a pet into the property. And you as the landlord may find yourself being easier on them with some matters such as how they are maintaining the property.

When the boundaries between landlord and friend become blurred, it could easily open a can of worms, especially if something goes wrong. What will you do when the neighbours complain about loud parties at the property? How will you handle a serious breach of the lease agreement? It might be tough to evict a friend.  It’s absolutely a good idea to be courteous and treat your tenants with respect, but being friendly is very different from being friends. So by all means, feel free to send your tenant a Christmas card but perhaps don’t invite them over for Christmas dinner.

Always keep in mind that owning an investment property is a business, and it’s rarely a good idea to mix business with pleasure. The tenant-owner relationship should almost always remain at arm’s length. That’s where a professional property manager is essential, to help keep your business on track, remove the emotional component in decision making and act as the ideal intermediary when handling issues.

Wealth Protection: I’m Ok, I Don’t Need Insurance

Many people think ‘It’s ok I’ve got Workers comp… I don’t need any more insurance!’ or ‘I pay enough taxes, the government can pay for me if something happens.’ Well do you think if these people really knew how much they would get this will still be their response?

As at September 2012 the payments from Centrelink would be the following;

Centrelink   Payment Type If you are Maximum   fortnightly payment
Sickness   Allowance Single, no   childrenPartnered $492.60$444.70 (each)
Carers Payment SingleCouple $712.00$536.70 each
Disability   Support Pension SingleCouple $712.00$536.70 each
Bereavement   Allowance* You are paid   for up to 14 weeks after the death of your partner $712.00 a   fortnight which includes a pension supplement of $60.60 a fortnight

Compare that with what you could insure yourself for in the domestic market:

Type Maximum Amount   Payable
Term LifeAccidental death cover No Limit$1 million
TPD $5 million
Trauma $2 million
Income ProtectionAccident Only IP Up to $30,000   monthly benefitUp to $30,000   monthly benefit

I am sure if asked yourself would you CHOOSE to live on $492.60 per fortnight your answer would be probably be no…

How much do you need to service lifestyle expenses, living expenses, debt expenses, medical expenses and how much would you receive right now if something happened?

If you don’t know or are concerned about the answer then come in and have a chat as to what insurance can provide a better alternative to the above.

Justin McManus is a Corporate Authorised Representative of Marsh Pty Ltd Australian Financial Services Licensee No. 238983. This information has been prepared without taking account of your objectives, financial situation or needs. Before acting on this information you should consider its appropriateness, having regard to your objectives, financial situation and needs

Development: The Pay Off for Converting to Strata-Title Have you driven past one of those old run down blocks of flats recently and thought “what an eyesore?” Getting council approval and converting old flats over to strata title could make you a tidy profit, meaning that “eyesore” could in fact be a goldmine.

Strata titling of old units is a unique strategy used by some savvy developers to make great gains. And although the likelihood of finding these opportunities is becoming slimmer as the years go by, they are still available with some shrewd investigative work (and a bit of luck!).

Strata titling was first introduced in the 1960s. Before then, it was virtually impossible to own a portion of a property. Most blocks of units or flats were effectively owned in full by one entity, with the individual units leased out. Strata titling enables you to subdivide the units, meaning each can then be owned by individual persons or entities immediately adding value (and flexibility) to the property. Despite strata titling being introduced in the 1960s, it’s quite typical to find opportunities even in property built around the 1970s or thereabouts.

Of course, as with every development, there is an element of risk to this strategy. You need to be confident that you’ll be able to get the necessary approval from council to make it all worthwhile. The first obstacle is making sure the property was originally built as a block of flats, or converted with approval. You’ll also need to make sure the current zoning will allow for strata titling. If the area has been down zoned it may mean that you can’t strata title the property and you will have to keep it on one title.

Adhering to current building practices and codes is the other major and costly hurdle. You may need to comply with a range of council requirements which could include things like firewalls, visitor parking, private open space for residents, and meters for services like electricity and water housed in a common area with each property being on an individual meter. Even just getting the necessary access to address any of these potential requirements can be one of the biggest risks of all.

Finding one of these gems and successfully navigating the approvals process can potentially reap financial rewards. But finding these types of properties is certainly not easy. Often they are silent sales so it pays to get a buyers agent with good connections and let them know what you’re looking for.

Finance: Comparing Loans Beyond the Interest Rate With all the news about interest rates recently, it’s not surprising that many borrowers seem obsessed with them. There are the people that typically choose a loan on the interest rate alone. This can be a costly mistake. You’re not necessarily better off by going for the lender with the cheapest rate. Even if two loan products seem very similar on the surface, they may in fact be very different.

It’s important to not just look at the interest rate as the deciding factor between various loan options – differences in the small print can mean thousands of dollars difference between two loan products.

First, the interest rate quoted may be similar or may be the same. If you will be selling the property rather quickly, you should investigate paying higher interest rates with lower application costs and exit costs. There are other costs that may be added on but may not be immediately noticeable. You need to read the fine print and determine exactly how much you are paying and see if you can convert application costs to interest rates and vice versa. Once you understand these components, you need to compare the interest rate using the Comparison Rate. The Comparison Rate gives a clearer idea of the true interest costs after taking into account all the fees and charges involved in establishing the loan. The term of the loan is also very important. You also need to be aware of any early repayment penalties that are associated with the loan.

At the end of the day you will have to make a decision on what you consider is the best loan for you. If you are able to obtain some of the features that are important to you then the fact that the interest rates is a little bit higher shouldn’t scare you off. For instance, if you got a higher loan to value ratio, it may be worth an additional half a percent interest rate. A good finance broker will be able to steer you through all the alternative options and help you find the most suitable loan for you.