Author Archive

Finance Newsletter – December 2011

Interest rates

Good news for all borrowers  – lower variable rates. Use this opportunity to speak with a mortgage broker to ensure your bank is passing on the full 0.25% discount and that you have the best loan for your circumstances.

There is more good news for borrowers with businesses. One or the world’s largest banks, Citibank, is breaking the rules and financing business loans at  discount residential rates. If you have equity in your house or residential  investment property, you can refinance your business debts at rates as low as 6.65%. Citibank is also currently offering to pay borrowers $1 000.00 to switch their loans to Citibank. It often costs less than $1 000.00 to switch banks, if so, you can keep the balance. You may be paid to switch to a lower interest rate! 

Have you considered fixing your interest rate? Fixed rates have tumbled recently. You can now fix your rate  for as low as 5.98% for 1-3 years. If you are interested in having a mortgage assessment to see how a fixed rate may help you contact Mercia’s mortgage broker. Call Dan Goodridge on 0414 423 340 or or e-mail dg@iinet.net.au at Mercia Finance  to find out more or if you require any type of finance information.

Tax Newsletter – December 2011 / January 2012

Small business benchmarks under microscope

The Inspector-General of Taxation, Ali Noroozi, has advised that he will review the Australian Tax Office’s use of small business performance benchmarks. The benchmarks produced by the Australian Tax Office (ATO) are used to identify taxpayers who may not be declaring all of their income and who may be involved in the cash economy. Mr Noroozi said he will investigate whether the benchmarks are an appropriate tool for identifying underreporting of income.

There has been growing concern among tax advisers about the use of benchmarks. The Inspector-General said he will also consider whether the ATO’s expectations of small business in relation to record keeping are clearly communicated and reasonable. The investigation is expected to commence later this year.

Carbon tax scheme to commence on 1 July 2012

The Government’s controversial carbon tax scheme has passed Parliament and will commence on 1 July 2012. From that date, the country’s biggest polluters will be required to pay $23 for each tonne of carbon pollution released into the atmosphere. As part of the scheme, tax cuts to assist households and support measures for businesses to assist them in adapting to the new carbon tax will also be implemented.

TIP: Although the carbon tax scheme will not commence until next year, businesses should consider putting some serious thought into how they may be affected, both directly and indirectly, by the scheme. Please contact our office for any assistance.

Uncertainty with private rulings system

In a recent case, the Full Federal Court unanimously affirmed assessments issued by the Commissioner to a taxpayer, a sports club, even though the assessments were inconsistent with a private ruling issued to the club. In 2004 the club had received a private ruling stating it was exempt from income tax for the 2003 to 2010 income years. However, the Commissioner in 2006 claimed the facts of the club’s situation had changed and withdrew the ruling. The club claimed it should be afforded with protection under the tax law. However, the Court disagreed.

TIP: According to some commentators, the court’s decision could cause taxpayers to lose confidence in the private rulings system. If you have any questions, please contact our office.

Taxpayer entitled to prompt GST refund, says Court

An exporter of mobile phone goods has been successful before the Federal Court in a case concerning GST refunds. The Federal Court ordered that the Commissioner comply with the GST and tax law and immediately pay the exporter the net amount notified in its GST returns for various tax periods covering January to May 2011. The ATO had alleged that the refunds claimed were unsubstantiated and were fraudulent. It refused to pay the amounts until an audit had concluded. However, the Court did not agree that in the circumstances the law allowed the withholding of a payment pending an investigation by the Commissioner. The Full Federal Court later also dismissed the Commissioner’s appeal against the decision.

CGT test includes commission liability after CGT event

In a recent decision, the majority of the Full Federal Court held that for the purposes of accessing the small business capital gains tax (CGT) concessions, a real estate agent commission incurred on the sale of a hotel business could be included as a liability for the purposes of the maximum net asset value test. This was the case even though the taxpayer was invoiced for the commission after entering the contract of disposal.

TIP: Small businesses can access a range of tax concessions to reduce CGT on the sale of certain assets if certain conditions are met. One of the conditions is that the taxpayer must satisfy the “maximum net asset value” test. To pass the test, the net value of all the CGT assets of the taxpayer (including affiliates and connected entities) must not exceed $6 million. Debts owed to the taxpayer are included as CGT assets for the purpose of the test. The rules can be complex: please contact our office for more information.

Personal services income rules apply, finds Tribunal

The Administrative Appeals Tribunal has recently held that the personal services income (PSI) rules applied to an IT professional to include in his assessable income amounts derived by his company through the provision of his IT expertise to a small number of clients from the same company group. The Tribunal also held the company was not a “personal services business”.

TIP:  Many consultants and contractors operate as a sole trader or through a company, partnership or trust. In many cases, the income received for the work they do may be classified as PSI if certain tests are not passed. However, the PSI rules do not apply to individuals or interposed entities carrying on a “personal services business”. It should be noted that the PSI rules remain a tax compliance risk area for the ATO. Please contact our office for any assistance.

Tax changes for small businesses introduced

The Government has introduced legislation into Parliament which proposes to increase the small business instant asset write-off threshold from $1,000 to $6,500, and create a single depreciation pool to write-off assets at a rate of 30% (15% in the first year). The changes are proposed to commence from the 2012–2013 year; however, their formal enactment would first require the commencement of the Government’s carbon tax scheme (which will start on 1 July 2012) and the proposed Minerals Resource Rent Tax (MRRT). The changes also propose to allow an immediate write-off of up to $5,000 for motor vehicles from the 2012–2013 income year. The Assistant Treasurer, Bill Shorten, said under the changes small businesses would benefit from improved cash flow and reduced compliance costs.  

Superannuation guarantee to be increased to 12%

Legislation has been introduced into Parliament which proposes to increase the superannuation guarantee (SG) rate from 9% to 12%, phasing in from 1 July 2013. The Government also announced that it would abolish the age limit for which employers no longer need to provide superannuation guarantee.

TIP: If the SG age limit is to be abolished, then from 1 July 2013, employers will be required to make SG contributions for employees regardless of an employee’s age.

Corporate Newsletter – November 2011

Important Information for Listed Entities (Report released by ASX on 28 September 2011)

1. Australian Council of Human Rights Agencies (ACHRA) Guidance on DiversityIn July 2010 the ASX Corporate Governance Council (CGC) adopted diversity-related amendments to its Corporate Governance Principles and Recommendations. The amendments apply on and from a listed entity’s first financial year commencing on or after 1 January 2011. Hence, listed entities with a financial year commencing 1 January will be expected to report against the CGC’s diversity recommendations on an “if not, why not” basis in their annual report for the year ended 31 December 2011. Listed entities with a financial year commencing 1 July will be expected to report against the diversity recommendations on an “if not, why not” basis in their annual report for the year ended 30 June 2012.ASX has established a diversity website to assist listed entities to understand their reporting obligations and in finding resources to implement gender diversity measures if they choose to do so.The Australian Council of Human Rights Agencies (comprising the Australian Human Rights Commission and each of the State-based human rights agencies) have expressed their support for the CGC’s diversity measures and have jointly released guidance for listed entities to assist them to comply with anti-discrimination laws when implementing gender diversity measures. A copy of the guidance can be viewed on the ASX website (PDF 258KB).ASX commends the Australian Council of Human Rights Agencies for its support of the CGC diversity measures and encourages listed entities to make use of the information and contacts in the attached release.

2. Proposed new Listing Rules – ‘good fame and character’ requirement for directors of new listed entities

ASX proposes to amend the Listing Rules with effect from 1 January 2012:

  1. To add a new condition 17 to Listing Rule 1.1 to require an applicant for ASX listing to satisfy ASX that its directors or proposed directors at the date of listing are of good fame and character. (In the case of a trust, this requirement will apply in relation to directors and proposed directors of the responsible entity.)
  2. To amend Appendix 1A (the ASX listing application and agreement) to add a specific requirement that all applicants provide to ASX
    • a police/CrimTrac national criminal history check (or its overseas equivalent) for each director or proposed director at the date of listing;
    • an ITSA Bankruptcy check (or its overseas equivalent) for each director or proposed director at the date of listing; and
    • a completed statutory declaration from each director or proposed director at the date of listing affirming, amongst other things, that they have not been the subject of relevant disciplinary or enforcement action by an exchange or securities market regulator.
  3. To add a note to Listing Rule 1.1 stating that in considering whether the applicant’s directors or proposed directors meet the ‘good fame and character’ requirement, ASX will primarily have regard to the documents mentioned in the preceding paragraph. However, ASX may also have regard to any other information it has about the directors or proposed directors and, in an appropriate case, may require an applicant for listing to provide additional information about its directors or proposed directors.

These requirements will apply in respect of applications for new listings that are lodged on or after 1 January 2012, which will need to be made on the new Appendix 1A (applications lodged prior to 1 January 2012 should be made on the current Appendix 1A and will not be subject to these requirements, even if they are not finally processed until after that date). They will also apply to listed entities that are required on or after 1 January 2012 to re-comply with Chapter 1 and Chapter 2 of the Listing Rules pursuant to Listing Rule 11.1.3.

ASX is in the process of reviewing and re-writing its Listing Rules Guidance Notes. Where practicable, drafts of the re-written Guidance Notes will be released for information in advance of their finalisation and effective dates. ASX anticipates that the first group of draft re-written Guidance Notes will be released in October 2011. These will include re-writes of Guidance Note 1 Applying for Admission and Quotation and Guidance Note 4 Foreign Entities, which among other things will reflect the new ‘good fame and character’ requirement.

The new Listing Rules will not impose any equivalent ‘good fame and character’ requirement in relation to directors appointed following admission. This is on the basis that those directors must submit to an election by security holders and the listed entity has an obligation, in that context, to put all material information about the director in its possession in the notice of meeting proposing his or her election. Security holders therefore get an opportunity to express their opinion on whether the director is of good fame and character and someone to whom they wish to entrust the management of the listed entity. ASX would also expect the board of a listed entity to be undertaking appropriate background checks on any person it proposes to appoint as a director in its own right or to put forward at a meeting of security holders for election as a director.

The new requirements reflect ASX’s desire to maintain the reputation of the ASX market and also align with the ‘good fame and character’ requirement that applies to the directors of participants in ASX’s licensed markets and clearing and settlement facilities. They also dovetail with the views expressed by ASIC in Consultation Paper 155 as to the sorts of information that companies which access capital markets through a prospectus should be disclosing about their directors.

A link to the proposed Listing Rule amendments and the draft Guidance Notes will be made available on the ASX website when they have been formally lodged with the ASIC.

It can take some time to obtain criminal history and bankruptcy checks and applicants for listing who anticipate lodging their applications on or after 1 January 2012 are encouraged to apply for them at the earliest opportunity so that this does not delay their listing.

3. New ASIC Market Integrity Rules:  impact on opening hours of ASX market

On 31 October 2011 new ASIC Market Integrity Rules come into effect. These Market Integrity Rules do not impose any new obligations on listed entities. However, these Rules do provide a framework for the trading of ASX-listed securities on multiple trading venues. A new market operator, Chi-X, has announced its intention to commence trading in S&P/ASX 200 listed securities and some ETFs from 31 October 2011.

ASX is also proposing to offer trading of S&P/ASX 200 listed securities and some ETFs through a new orderbook, PureMatch, from 28 November 2011.

Both Chi-X and PureMatch will offer continuous trading from 10 am EST until 4:12 pm EST. They will not replicate the staggered auction opening of securities on ASX TradeMatch. This means that from 31 October 2011, continuous trading in some securities will commence a few minutes earlier, and will continue a few minutes later, than is currently the case.

ASX will continue to be the relevant listing market for all ASX listed entities and ASX Compliance will continue to undertake listing rule supervision and continuous disclosure monitoring for ASX listed entities.

4. Company Announcements Office (CAO) matters

4.1      Daylight Saving

Daylight saving commences in NSW, the ACT, Victoria, Tasmania, and South Australia at 2 am EST on Sunday 2 October 2011, and will end at 3.00 am on Sunday 1 April 2012. Daylight saving is not adopted in Queensland or WA.

Because WA will be 3 hours behind Sydney time during the period of daylight saving in the Eastern States (except Queensland), CAO will stay open until 8.30 pm Sydney time (5.30 pm WST), starting on Monday 3 October 2011.

CAO will revert to its usual 7.30 pm Sydney time closing time when daylight saving has ended. A Listed Entities Update reminding listed entities of the change will be released closer to that time.

4.2      Chairperson’s addresses

Listed entities are required under Listing Rule 3.13.3 (PDF 127KB) to give to CAO a copy of any prepared announcement to be made to a shareholders’ meeting, including the chairperson’s address. These documents must be given to CAO no later than the start of the meeting. (If information that is material in terms of Listing Rule 3.1 (PDF 127KB) is to be disclosed at the meeting, it must be given to ASX immediately.)

Sometimes matters that might otherwise be the subject of an announcement of their own – for example, a proposal to issue securities, or to undertake a share buy-back – are announced for the first time in the chairperson’s address. It would be helpful to CAO in processing the release of these announcements, and identifying those that contain such information, if the document lodged with CAO were to include a summary of any such matters at the beginning of the document.

4.3       Lodgement of next periodic reports

The deadline under Listing Rule 4.5 (PDF 107KB) for the lodgement of statutory annual accounts for the year ended 30 June 2011 is Friday 30 September 2011. Under Listing Rule 17.5 (PDF 74KB), any listed entity that has not lodged the required documents by the deadline will have its securities suspended from official quotation at the commencement of trading on Monday 3 October 2011. This is so notwithstanding that Monday 3 October 2011 is the Labour Day public holiday in NSW. Monday 3 October 2011 is a Trading Day (although not a Business Day), and CAO will be open.

Monday 31 October 2011 is the reporting deadline both for quarterly reports in respect of the September quarter, and annual reports under Listing Rule 4.7 (PDF 107KB) in respect of the year ended 30 June 2011. The volume of announcements to be processed by CAO on that date is expected to be particularly large and listed entities are asked to bear this in mind in relation to the turn-around time for the release of announcements.

 5. Improving the capture and delivery of listed entity information

Each year, companies and other listed entities announce some 6,000 corporate actions including dividend announcements, entitlement offers, capital returns and changes in corporate data such as board and senior management, contact details and share registry information.

ASX is proposing to improve the process for lodging and disseminating announcements relating to these corporate events.

Our aim is to provide a more streamlined procedure for lodging corporate event announcements as well as deliver a more efficient, timely and accurate information service.

Our efforts will focus on developing a “straight through” electronic solution between the listed entity and the information user. For listed entities, this means introducing structured forms, that is, smart templates that will provide real-time validation of key data (such as timetables). For investors, this will mean a faster, more efficient and accurate way of accessing information critical to their portfolio decisions.

Companies and other listed entities should benefit in a number of ways from these changes:

  • a more streamlined workflow;
  • improved accuracy and consistency of information; and
  • faster delivery of corporate event information to end users and investors.

ASX is in the early stages of this proposal. We will be seeking feedback from listed entities and other market stakeholders on the proposed changes to ensure we achieve the best outcome for all stakeholders.

Further information about this initiative can be viewed at http://www.asx.com.au/corporate_information_STP

Finance Newsletter – November 2011

Interest rates

Good news for all borrowers  – lower variable rates. Use this opportunity to speak with a mortgage broker to ensure your bank is passing on the full 0.25% discount and that you have the best loan for your circumstances.

There is more good news for borrowers with businesses. One or the world’s largest banks, Citibank, is breaking the rules and financing business loans at  discount residential rates. If you have equity in your house or residential  investment property, you can refinance your business debts at rates as low as 6.65%. Citibank is also currently offering to pay borrowers $1 000.00 to switch their loans to Citibank. It often costs less than $1 000.00 to switch banks, if so, you can keep the balance. You may be paid to switch to a lower interest rate!

Call Dan Goodridge on 0414 423 340 or or e-mail dg@iinet.net.au at Mercia Finance  to find out more or if you require any type of finance information.

Property Newsletter – November 2011

Investor Alert: Reality Bites

There’s no doubting Australia’s love affair with renovating, a fact which producers of reality renovation TV shows have jumped on.  While these types of shows offer great entertainment and possibly help reignite interest in the property market, the reality is that they don’t get down to the details when it comes to profiting from the exercise.

As a viewer, you’re in dangerous territory if you think it’s easy to make money renovating because what these shows promote is not quite reality. At the conclusion of each of these shows, even though some properties appeared to turn a profit, it’s extremely unlikely that any of the properties actually made a real ‘on-paper’ profit. That is, if you or I were in their exact same shoes as a private investor and did the sums at the end of the day, we’d be walking away with a loss.

It may sound like I’m against renovations, but that’s far from the truth. However, I do believe that if you are going to incorporate renovating into your investment strategy, then you need to know what you’re doing or you’ll end up in the same boat as these contestants. These shows don’t communicate the real costs and underlying fundamentals of renovating property for a profit.

They tend to gloss over other costs involved such as stamp duty, selling agents commission, interest and other holding costs and capital gains tax. Not to mention, many of the contestants on these shows won prizes such as a pool or appliances package or had the help of free labour, which wouldn’t have factored into the bottom line either when a supposed ‘break-even’ point was quoted for the properties. If these very real costs were taken into account, the financial outcome would be even worse.

Renovating successfully is also about more than just the sweat and tears of turning an ugly duckling into a swan which is what these shows focus on. In the real world, not every run-down house is a good renovation candidate and it all comes down to accurately crunching the numbers before you even think about getting out your cheque book. Seasoned renovators know that there are three numbers that must stack up – (1) the purchase price, (2) the total cost of renovating and (3) the projected sales price. If any one of these figures is off the mark, any potential profit will quickly dwindle away.  

In the case of these renovation shows, the lackluster sale results are most likely due to mistakes in one or more of these three areas. If too much was paid for the properties (note: they don’t need to be overvalued, even market price can be too much for a renovation project), then even if they got the other two aspects right they would probably still be up for a loss. This information is something we aren’t usually privy to when it comes to reality TV so we can only guess whether this was a contributing factor.

I believe many of the properties went wrong by spending too much and overcapitalising on their renovations. As an investor, you should spend what you need to spend to meet the market’s needs and turn a profit, not to meet a pre-determined budget. In some cases, the contestants may have found that spending less and doing a more pared back renovation without the expensive structural changes could have made some of these properties profitable.

The last area that worked against some of the contestants was their final sales price estimations. It became clear that many of them had over-ambitious expectations, with some even predicting their house would break records for the area (a risky strategy at the best of times, let alone in today’s market). This is a sure sign the contestants started becoming emotionally involved with their project, a big no-no. You will only ever receive what the market is willing to pay and in virtually all cases it was nowhere near their estimations. This doesn’t just leak away your profit, but the belief leads you to overspend further on your renovations which can make the situation worse.

If these renovation shows got you excited about starting your own project, then that’s great. But remember that renovating property successfully is not as easy as picking up any old tired property, slapping some fresh paint on the walls, transforming it into a modern masterpiece, and then selling it off for a profit.  Reality TV is about entertainment not education so get your inspiration, but make sure you mix it with a good dose of ‘real’ reality.

Acquisitions:  Winning Auction Strategies

With auctions not being particularly popular in WA, many investors are inexperienced when it comes to participating in auctions and securing the best property deal. This can lead to investors either overpaying at auction or even skipping the auction altogether and missing out on a good property investment simply because of fear of the unknown.

Firstly, you must be absolutely certain about the property before bidding at an auction. Standard auctions don’t allow for a cooling off period or for conditions such as finance approval or pest inspections. You will also need to be prepared to pay a deposit on the day should you win the auction.  

Bargain properties can certainly be found at auctions but the emotion and intensity often leads people to dramatically overpay. Here are four key rules to ensure you secure a good buy:

1. Keep your cards close to your chest

Don’t tell the agent what you think the property is worth or how much you’re willing to pay. Play down your interest in the property as this information will be conveyed to the seller when it’s time to consider the reserve price they set. The less an agent knows and the fewer interested bidders they’re aware of, the less the reserve may be, especially if the vendor is anxious about selling the property.

2. Set your limit and stick to it

There may come a time when agents will push you to go just that little bit higher with the temptation that it might secure you the property. One $1000 bid more might not seem a lot, but where do you draw the line? These extra bids quickly add up and before you realise how much you have bid you have stretched your limit often by at least $10,000. If you don’t think you can stick to your limit, send someone else you trust such as a friend or buyers’ agent to bid on your behalf. Successful investors know it’s all about the numbers so if you can’t secure the property at the price you set, you should just walk away.  

3. Wait until the reserve is met

There’s no real point bidding before the property is on the market as it does nothing except play into the hands of the seller by pushing up the price. Be aware that in WA, auctioneers are also allowed to place vendor bids which are bids on behalf of the seller (auctioneers must openly disclose these to the crowd). These cannot be made after the reserve has been met. And even though dummy bids are illegal (false bids used to artificially inflate the price and not made by a genuine buyer or disclosed by the auctioneer), that’s not to say they don’t still happen. These just bump up the price further and give other bidders the impression of more competition pressuring them to bid higher. The less activity that occurs by bidders, the better it is for the potential buyer as the vendor will be feeling the pressure and be less resolute in sticking to their original price expectations, whether that’s during the auction or afterwards should it be passed in.

4. Be in control

Position yourself close up at the front or side of the auction to give you the opportunity to watch the crowd as much as the auctioneer. This will help you assess the competition. Portray a cool, calm and collected exterior regardless of how you really feel on the inside and bid with total confidence. Bid immediately after another person has bid to intimidate your competitor who may assume by your actions that you have plenty of money to spend and will secure the property at all costs. 

Property Development:  Doing a Pre-Acquisition Feasibility Study – Part 2

The analysis of Place involves assessing the physical location of the property. It requires a two-fold process investigating the property firstly from a ‘macro’ point of view and secondly from a ‘micro’ level. 

The ‘macro’ analysis involves looking at the potential development’s location from a wider and more general perspective. Ask yourself this basic question – “is this the right place for the project?”. You need to look at fundamental supply and demand issues and work out if the area you have chosen is going to provide long term growth or high rents depending on your goals.  For example, history has shown that properties along coastal areas experience higher growth than those in inland locations.

When assessing from a macro perspective, also take notice of what big businesses, large developers, retailers and councils are doing. Is there a major shopping centre undergoing a large redevelopment? Where are big commercial projects being built? Are more and more swanky cafes and restaurants opening up in a certain area? What suburban renewal programs are local councils thinking about for the future? These organisations spend significant sums of money researching the market before investing, and if you can tap into this knowledge early you just might be onto a winner.

Secondly, you need to look at your project from a micro perspective. This involves assessing your development at ground level and investigating its immediate surrounds. Do some digging and find out whether there is any state housing surrounding the property. What is the streetscape like? Will it appeal to the type of buyers for your property? What types of homeowners are positioned around your property – are they a positive or negative factor? What features would attract buyers to this property’s location – is it walking distance to a school or shopping precinct, is there easy access to public transport, etc? Even consider if this property is well located from a solar aspect. Does it get plenty of natural light? Is it protected from strong coastal winds? This micro analysis will help you ascertain if this individual property is ripe for development, or whether you should move on to look at others in your chosen areas.

The last P that needs to be assessed is that of Promotion. The importance of Promotion will depend on whether you are developing to sell or developing to hold. If you are planning to hold then naturally your focus is longer term and your interest is on renting it out.  But if you are selling, then you need to have a marketing strategy in mind before you purchase the property (depending on the scale of your development). Consider how much money you will need to budget to adequately promote your development. Will you need materials like signage and brochures? What about a website? How much is advertising going to cost?  Will you be using a sales agent – who will you use and how much will their services set you back? And don’t forget about the importance of naming your development – a name should suit your development and appeal to the emotions of prospective buyers.

A thorough market analysis that includes completion of a Real Estate Market Analysis covering the ‘4 P’s of marketing’, is one of the most critical stages involved in property development. Get it right and you could be just one step closer to your retirement, but get it wrong and you could end up knee deep in debt.

WA to Prop Up Entire Nation’s Growth

By 2015-16, the report predicts that the value of WA’s exports will almost double. Average weekly earnings and population growth are also expected to outshine all other states as the west continues to benefit from the insatiable demand of China which is managing to offset slowdowns in Europe and America. The strength of the WA economy and its resources sector appears to be poorly understood nationally despite Deloitte’s analysts suggesting the state is heading towards a boom like the one experienced in 2007 and 2008.

“The rest of the economy could pack up and go home and the announced capacity expansion pipeline could still keep growth going for the better part of a year,” it says.

The volume of investment projects either underway or planned is “simply staggering” according to the report, underpinned by two major LNG projects backed by Chevron. One of these, the Wheatstone project valued at $29 billion, was just approved in September 2011.

The strength of the resources sectors continues to grow with BHP Billiton reporting its West Australian iron ore shipments have jumped by 28 per cent to a record 173 million tonnes a year. Fortescue Metals Group also posted a record quarterly export figure for the September quarter, of 12.36 million tonnes, an increase of almost 21% on the same period last year. Even the retail sector in WA is on the up with 9% growth over the past year, five times the national rate.

Any worries of a renewed global financial crisis have simply shaved some growth expectations off both WA and China which Deloitte’s believe is a welcome relief. They anticipate the slight slowdown will enable both China and WA to stay closer to their supply side potential and manage a more sustainable level of growth over coming years.

“Earlier outlooks for both China and WA were too strong for our liking, leading us to warn of rising inflation and skill shortages in both regions.

“Now China and its best global supplier – WA – are set to grow at more sustainable rates in the next year or two”.

Current Property News:  Market Commentary

Strength of economy supported by latest jobless figures:

The economy has once again defied gloomy forecasts by posting a decrease in the national unemployment rate for the first time since February this year.

Jobless figures released by the Australian Bureau of Statistics show the national unemployment rate fell from a 10 month high to 5.2% in September 2011. 20,400 jobs were added to the economy in September, more than double what economists were predicting.

The figures also show that Western Australia has again managed to retain its title of the lowest unemployment rate of all states, with the rate falling to just 4.3% for September.  Almost 14,000 extra full-time jobs were created and the total number of females in full-time work grew by almost 10,000. Experts are anticipating that WA’s unemployment rate will fall below 4.0% by next year courtesy of the burgeoning resources sector.

Some other states didn’t fare so well. In New South Wales, the jobless rate rose to 5.5%, Victoria rose to 5.3% and South Australia also rose to 5.6%.

Australia continues to do well in relation to many other developed nations around the world. In comparison, Britain’s unemployment rate stands at 8.1% for September, up from 7.9%.

Hot Property

Overview:

Buyers’ Agents don’t just come in handy for investors. Our client had previously used our service to find an investment property and was now looking to upgrade their home and chose to call on our help once again. The client did the legwork in locating properties throughout key areas south of Perth, and used our Buyers’ Agents to help research and evaluate potential opportunities and negotiate the eventual purchase.

After evaluating a number of properties our Buyers’ Agents recommended a modern street-front townhouse in Mount Pleasant. The suburb offered good value compared to nearby areas, with a number of newer homes being built and an enjoyable lifestyle for the client. The selected property also featured higher land value, was elevated with river glimpses, and was surrounded by better quality homes which made it superior to other opportunities considered.

Our Buyers’ Agents commenced negotiations to bring the price down from a listed price of “mid-900’s”. After six weeks of tough negotiations, the property was finally secured for $870,000, under estimated market value. The new owners have decided to rent out the property for now (renting at $150 more per week than anticipated by our Property Wealth Management Division by negotiating on special conditions) while they ride out the market to sell their current home. This strategy ensures they receive a good discount on their buy in the present market, while being able to hold out for a higher price on their current home to close the financial gap of upgrading. 

Result:

Purchase of a street front 3×2 plus study brick and tile townhouse in Mount Pleasant, 9km from Perth CBD.

Purchase price: $870,000

Estimated market value at time of purchase: $880,000 – $900,000

Savings: $10,000 – $30,000

Finance:  Using Credit Subsidy 3 – The Tax Payers

Successful investors know that capital gains are the way to true wealth. Firstly you do not pay the tax until you sell the asset. No sale, no tax. The capital gains tax system reflects the fact that investors must be rewarded for risk, not punished by excessive taxation. Capital gains taxes for individuals are taxed at only half the rate for assets held for greater than twelve months.

Successful investors know that there is a tremendous tax advantage for borrowing for investment. They know the tax disparity that exists between the taxation of interest deductions and capital gains. They know interest is deductible at full taxable rates while capital gains are taxed at only half the taxable rates if the asset is held for twelve months or more. I cannot stress enough how important this is to wealth creation.

For example let’s assume we purchase a property that costs us $400,000 after all settlement costs and stamp duty. Assume we are able to borrow the entire amount because we have sufficient equity in our home. Let’s assume we get rent of 5% net yield after expenses (rates etc). This would equal a net yield of approximately $20,000. Our interest expense is 7.5% (i.e. $30,000) paid interest only. I will ignore non-cash deductions (depreciation) for the purpose of this illustration. Let’s assume that just after twelve months and one day we sell the property and we net $410,000 after sales fees and settlement costs. On a pre-tax basis, what has been the change in our net worth? It has been zero. We made a gain on the sale of the property of $10,000 but our interest costs exceeded our net rent by $10,000, resulting in no net gain on a pre-tax basis.

However the tax treatment of interest expenses and capital gains results in a different change in our net worth on an after tax basis.

I will assume for this example we are in the top tax bracket of 46.5% (45% plus 1.5% Medicare Levy). If we make a loss on our rental activities we are able to deduct the $10,000 net operating loss against our other income. By deducting $10,000 against our other income we are able to get a refund from the ATO of $4,650, meaning our after tax operating loss is $5,350.

We are also required to pay tax on the capital gain. Because we held the asset for greater that twelve months we only include half the gain in our income. We therefore include a total of $5,000 in our income. On the top rate of 46.5%, our tax payable is $2,325.

While on a pre-tax basis there was no net gain or loss, the ability to deduct borrowing expenses at full tax rates while only paying capital gains tax on half the gains highlights the tremendous benefits available to those who borrow for capital investment. The taxpayers help subsidise your activities.

With all the tremendous subsidies available to borrowers it is surprising that more people do not use finance to invest. Fortunately for those who want to use finance to create wealth few people understand the game, leaving the huge subsidies to those people that do.

Property Management:  Are Rent Increases Legal?

Landlords cannot simply increase the rent because the market has moved. The Residential Tenancies Acts in each State and Territory encompass strict legislation that needs to be adhered to or landlords can face hefty penalties.

The Acts basically state that if your tenants are on a fixed-term lease agreement the rent cannot be increased unless a legally compliant  rent review clause is written into the lease agreement. If the clause is in place, the tenant needs to be given usually 60 days notice. The rise cannot usually occur within 6 months of the tenant moving into the property or be increased within a 6 month period of a previous rent increase.

If your tenants are on a periodic lease agreement, the rent may be increased but the above conditions also apply.

We ensure that rent reviews are a standard clause in our tenancy agreements allowing flexibility for owners should the rental market shift. Rent review clauses are not standard in most leases and self-managers should be particularly careful in ensuring that the clauses they insert are legally compliant and excercised in accordance with the relevant States Act. 

Under-renting properties is also an issue for property investors. We see many examples of this when we take on new property managements where properties are grossly under-rented by $100 per week or more, including one that was being rented at half of its market value. The property was tenanted by the same tenants for 3 years who never received a rent increase during that time despite the property being under professional management, the market shifting, and the tenants being on a periodic lease agreement.

Unfortunately we have seen this situation many times. Some property managers have too many properties on their books to give individual properties the attention they deserve. Many property managers don’t own a property let alone an investment property and can fail to understand the needs of investors.  This situation can also occur in self-managed properties. Owners can become ‘emotionally involved’ and don’t want to offend or risk losing their tenants if they increase the rent.

As a result of these situations properties may be under-rented leaving owners with a loss in income. Make sure you are dealing with a property management firm who keeps their average portfolio per property manager low so your property manager can keep up to date with market rents and maximise your return. 

Wealth Protection:  Mental Health – Talking About the Silent Illness

Did you know?

  • Around one million Australian adults have depression and two million have anxiety disorders.*
  • One in five women and one in eight men will experience depression in their lifetime.^
  • Depression and anxiety are the most common mental disorders experienced by Australians – depression alone is predicted to be one of the world’s biggest health problems by 2020. #

Depression can be linked to:

  • Family conflict
  • Isolation or loneliness
  • Unemployment
  • A serious medical illness, and
  • Drug and alcohol abuse

Depression is an illness, not a weakness – you shouldn’t be ashamed to seek help. And you deserve to be free of financial worries while you are receiving treatment.

The importance of income insurance
Income insurance can help protect lifestyles and support people through the financial stress depression can cause.

  • A three-tier total disability definition is an important feature of Income Insurance Plans eligible for most clients with the bulk of most occupations. This means you can be assessed on a duties, hours or income basis, allowing more flexibility when it comes to claim time.
  •  A waiver of premium benefit is built in to some income insurance plans. If you are receiving a total or partial benefit (except Nursing care), they don’t need to pay the premium for this or any other life, TPD or trauma plan shown on the same schedule.

Taking out tax-deductible income insurance can give you peace of mind, knowing your families are financially protected if you cannot work.

Justin McManus is a representative of AXA Financial Planning Limited, ABN 21 0005 799 977 AFSL 234663. 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.

*www beyondblue.org.au

^Australian Bureau of Statistics, 2008

#The Global Burden of Disease: A Comprehensive Assessment of Mortality and Disability, Injuries, and Risk Factors in 1990 and Projected to 2020, World Bank, Harvard School of Public Health, Geneva, 1996

Additional Article Source  – AXA