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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 

Tax Newsletter – November 2011

Business tax losses under Tax Forum spotlight

The treatment of business tax losses will be reviewed by a business tax reform working group announced by the Treasurer at the Tax Forum held in October 2011. It is understood the first priority of the working group is to identify options for losses and how the Government would fund them. “We need to consider things like loss carry back, uplifting losses, and what happens to the value of losses when business change composition or ownership”, said Treasurer Wayne Swan. It is expected that the working group will deliver its initial report in November 2011 and a final report to the Government by March 2012, before the next budget.

Tax Office views on SMSFs, real property and borrowing rules

The Australian Tax Office (ATO) has recently issued a draft ruling which concerns self-managed superannuation funds (SMSFs), real property and the application of certain borrowing rules under the superannuation law. The draft ruling outlines where money borrowed under a limited recourse borrowing arrangement (LRBA) can be applied in maintaining or repairing (but not improving) a single acquirable asset.

TIP: While the draft ruling provides some welcome clarification on the ATO’s views on key aspects of the LRBA provisions, it only covers a few pieces of the LRBA puzzle. The rules can be complex and the penalties can be severe for getting it wrong. If you have any questions, please contact our office.

Tax law changes to tackle phoenix activities

The Government has recently introduced legislation in Parliament which aims to deter company directors from engaging in phoenix activities. Phoenix activities involve the deliberate liquidation of a company to avoid paying tax liabilities and employee superannuation. The business then “rises” again and continues operations controlled by the same person, but under another corporate entity and free of debts. The legislation also aims to encourage director compliance with tax and superannuation obligations.

The proposed tax law changes will make directors personally liable for their company’s failure to pay the employees’ superannuation guarantee amounts. The changes will also allow the ATO to pursue directors without issuing a “director penalty notice” where the company’s pay as you go (PAYG) withholding or superannuation guarantee liability remains unpaid and unreported three months after the due day. In addition, the Government proposes to deny directors (and their associates) entitlement to PAYG withholding credits (through the imposition of a new tax) where the company they are involved in has failed to remit PAYG withholding amounts.

TIP: It is proposed that the changes commence once the legislation is formally enacted. However, there are special transitional provisions which can cover amounts that are due to the ATO or a superannuation fund at the time the legislation enters into force. Directors should ensure their company’s tax risk management policies and systems are up-to-date. Please contact our office if you have any questions.

Small business depreciation rule changes on the horizon

The Government has sought comments on draft legislation which proposes to make various tax law changes concerning the small business depreciation rules that apply to small business entities. The changes are subject to the passage of the mining tax legislation as well as the carbon tax legislation in Parliament. However, should these taxes be successfully implemented, the proposed changes could improve cash flow and reduce compliance costs for small businesses. The proposed changes include increasing the instant asset write-off threshold from $1,000 to $6,500, and simplifying the current depreciation pooling arrangements to allow small businesses to depreciate some assets more quickly. The changes are proposed to apply from the
2012–2013 income year.

Standard deduction for work expenses next year

Public consultation has closed on the Government’s draft legislation which proposes to provide individual taxpayers with a standard tax deduction to cover work-related expenses and the cost of managing their tax affairs. The standard deduction proposed is $500 for 2012–2013, increasing to $1,000 for 2013–2014 and thereafter. Taxpayers whose claims exceed the proposed standard deduction will still be allowed to make those claims provided receipts are kept. However, the Government has noted the deduction is dependent on the implementation of the mining tax legislation (which is yet to be introduced).

Partnership not ended, so director still liable, says Court

A businessman has been unsuccessful in appealing to the NSW Court of Appeal against an earlier District Court decision which had held that, as a director of a company, he was liable to pay monies to the ATO that were withheld from employees’ wages. Under the tax law, a director of a company could face a tax penalty if amounts withheld from employee’s wages are not paid to the ATO. 

Broadly, the director was part of a partnership operating a café/bar restaurant with another partner. However, the Court heard the relationship between the partners had deteriorated. The director argued the partnership had terminated, so therefore there could be no withholding by his company. However, the Court found it was the director’s involvement in the management of the partnership that had actually ended, not the partnership itself.

Dutch retiree took reasonable care, finds Tribunal

In a recent decision, the Administrative Appeals Tribunal held that a retiree had not failed to take reasonable care when he omitted foreign early retirement fund payments from the Netherlands from his 2003 to 2006 income tax returns. Among various factors, the Tribunal accepted the retiree’s evidence that he had sought and received oral advice from the ATO in 2002 which was contrary to later advice contained in a “private binding ruling” issue by the ATO in 2005. The Tribunal also took into account in making its findings that the retiree had limited English and did not understand and was confused by the ruling.

Super guarantee charge is a valid tax, says High Court

A market research company has been unsuccessful in its constitutional challenge in the High Court against the validity of the superannuation guarantee charge. The High Court had unanimously held the charge to be valid tax. In doing so, the High Court also affirmed an earlier Tribunal’s finding that market research interviewers were “employees” of the company for superannuation guarantee purposes, and not independent contractors.

Property Newsletter – October 2011

Investor Alert: Is it wise to put all your eggs in one basket?

Some investors are lucky enough to afford a fairly substantial investment property. Perhaps it’s a property around the $800,000 mark or even as high as $1 million. Whatever the exact figure, these investors are naturally excited at the prospect of being able to buy something a bit more glamorous than a run of the mill investment property. But the question is, is it better to put all your money towards this one property or spread it out across a number of cheaper properties?

Personally, I am a firm believer in buying multiple cheaper properties instead of one expensive property. The caveat to this however is that the cheaper properties must still be ‘investment grade’ properties, otherwise you negate any advantages in pursuing this strategy. Generally speaking for Perth, you will find most of these types of properties around the median house price of $400,000 – $500,000 (although that’s not to say that they don’t pop up occasionally below and above this mark). So in the earlier scenario, that could mean purchasing two properties instead of just the one.

There are a number of reasons why I support this strategy and most of them relate to risk.

Firstly, there’s less risk from rental vacancies. Should one property become vacant, the weekly income loss would be far less than if the same situation arose with your more expensive – and only – investment property. With multiple properties, you have a safety net in that your other properties will continue to bring in rental income while you find a replacement tenant for the vacant property. There’s no safety net, however, if your million-dollar investment sits vacant.

Secondly, having multiple properties is better from a liquidity point of view. Even if you invest with a buy and hold mentality, sometimes you may be forced to liquidate your assets despite your best laid plans. With multiple properties, you give yourself more options in that you may only need to sell off one or two assets and be able to retain others, keeping your foot in the market. With just one expensive investment property though, you may be forced to liquidate it and go back to the drawing board.

Thirdly, there’s protection if an area or property you choose doesn’t perform as well as expected or is negatively impacted by some activity or event. You will still have other properties in your portfolio that may continue to flourish which will help you in continuing to grow and leverage off your asset base. The economy is one such factor which can affect properties differently depending on their location and their value. In the economic climate of late, in Perth and throughout the nation, lower-to-mid priced properties have been far less affected than those in higher price brackets. If you had bought a single million-dollar investment property in Perth prior to the GFC, you would be in far more financial pain than if you had spread your funds across multiple median-priced properties.

Aside from risk, there are other reasons why multiple cheaper properties can be a better investment decision. At the median price, rental yields are typically quite good and superior to those achieved by higher value properties. With multiple properties, you also afford yourself more freedom to take greater calculated risks that could pay off handsomely, such as buying one property in an up-and-coming area or an area that could be rezoned. With just one substantially-valued investment property, however, you may be more reluctant to take that chance.

Diversification is important to any investor. Most think that diversification means to spread your money across different asset classes such as property and shares, but as you can see the concept equally applies within one asset class such as property. Buying multiple properties in different areas, in a price bracket that continues to attract demand and minimises your risk even in flatter economic times such as now, is wiser than putting all your eggs in one more expensive basket. 

Land vs building – what’s the right balance?

Most people would be familiar with the phrase ‘land appreciates, buildings depreciate’. While this is a little simplistic, the statement generally holds true. It is surprising then how many investors, armed with this knowledge, still manage to get it wrong.

Real capital growth is derived from the appreciation of land. This is because land is a commodity that is in limited supply and always in demand. Buildings, however, lose value over time because the physical materials deteriorate and the appeal of their style and function diminishes as buyers’ tastes change.

Some people argue that the cost to build rises each year meaning replacement of the same building would cost more in today’s dollars, thus buildings appreciate. Yes, the cost to build increases with inflation but this is irrelevant. If you were to sell a once new property in 10 years, the fact is a buyer is buying the land with a 10 year old depreciated home on it – not buying land with a home on it valued at the replacement cost of building it today. That is why you find many old properties selling at practically land value. To think today’s costs are relevant is no different than trying to argue that your 10 year old Toyota Carolla is valued at the same price as the current year model! Having said all that, it is possible to retain some value in the building if you regularly maintain and update it. However, this obviously costs money and does not simply come about with time. 

Many assume therefore that the message from all this is that the more land you have, the more capital growth you will be rewarded with. While there’s some truth here, this is where many investors tend to become unstuck. Let’s use an example to explain. Do you think the value of 500sqm of land in the heart of a major metropolitan city is the same as 500sqm of land in a small country town? Or even 1000sqm in the country town? Of course not.

Land is valued at a different rate per square meter depending on its location. Therefore the lesson is if you’re after strong capital growth, don’t base your buying decision on where you get the largest quantity of land for your money. Instead, focus on the proportion of value that the land component contributes to the overall purchase price of a property.  This is what is sometimes called the land-to-asset ratio. Good purchases tend to be those that have a high land-to-asset ratio, that is, ones in which the land accounts for most of the property’s value.  Although in many instances this directs investors towards older dilapidated houses in established areas close to the city, if you’re on a budget or need stronger rental income do not discount strata-title properties. If you do your homework and purchase carefully, you can find strata properties with a high land-to-asset ratio that perform just as well. 

Tax Office set to change rules for SMSF investors

 A new draft ruling released by the Australian Tax Office (ATO) has relaxed rules for those buying properties in their self-managed superannuation fund (SMSF).

Previously SMSF investors were allowed to maintain their properties but were restricted from making improvements to them. This stance had discouraged some investors from dabbling in property investment through their SMSF because of the strict regulations. 

It is expected that this long-awaited change will have the most impact on cheaper properties in need of some TLC. These properties are now more appealing because SMSF investors would be able to conduct renovations to add value and improve the rental return.

While improvements are now permissible, they will only be able to be conducted if they are funded by cash resources in the SMSF and not borrowings. There are also restrictions on the types of improvements that can be made. Examples of allowable improvements include extensions and bigger kitchens, but the key is that improvements must not “fundamentally change” the property.

The ATO has also taken this opportunity to clarify other grey areas regarding property investment and SMSFs. They confirmed that unlike improvements, SMSFs may borrow funds to undertake repairs provided the repairs do not change the character of the dwelling. 

Hot Property

Overview:

Looking for a high growth investment property in Perth, our clients enlisted the help of Momentum Wealth and its buyers’ agents to do the hard yards.

Given the client’s requirements, we immediately focused on the sometimes overlooked suburb of Craigie in the northern suburbs of Perth. Being a tightly held suburb (both for resale and rental) it tends to achieve good property price growth and also has the benefit of providing plenty of value-add opportunities.

When the right property came on the market, our buyers’ agents kicked into gear immediately. Being familiar with the area from a property investment point of view, we were instantly able to assess the potential and value of the property and place an offer. The property was ideal being an average 1970’s home (yet still achieving reasonable rent) and was situated on a flat corner block in a proposed rezoning area. We secured the investment property for our client within three days of it being listed beating other buyers to the punch.

Despite the competitive nature of securing properties in Craigie, Perth, we still managed to acquire the property under market value, but most importantly, secured an investment property for our client that has potential for great gains in future.

Result:

Purchase of a street front 3×1 brick and tile home in Craigie, 22km from Perth CBD.

Purchase price: $420,000

Estimated market value at time of purchase: $430,000

Savings: $10,000

 

Suburb Snapshot: Redcliffe

Redcliffe is an established suburb in Perth located approximately 10km east of the Perth CBD.

It’s situated near the suburbs of Belmont, Ascot and Cloverdale and enjoys excellent proximity to the city and airport, as well as being just minutes from the Swan River. The suburb is serviced by key transportation routes such as Great Eastern Highway, Tonkin Highway and the Graham Farmer Freeway, and is ideally located by short drive to commercial and industrial areas in Kewdale and Welshpool for employment. Redcliffe also has access to a variety of amenities such as local primary and high schools, parks, a cinema, and major shopping centre, Belmont Forum.

Over the past 10-15 years Redcliffe has undergone quite a transformation, with a number of developments changing what was once a suburb dominated by tired public housing into a desirable and well-maintained community. Popular estates such as ‘Flemington Chase’ and ‘Ascot Gardens’ were developed, and today much of the older parts are continuing to undergo rejuvenation with a few property development opportunities still available. Redcliffe tends to be popular with property investors, both for development opportunities as well as good rental yields (thanks in part to the consistent demand from fly-in fly-out workers who prefer a property close to the airport). It is also an area that is traditionally blue-collar; however with its proximity to the CBD and Swan River that is slowly changing with an increase in demand from young professionals and families.   

Properties in Redcliffe generally fall into one of three categories – older undeveloped or partly renovated properties towards the northern end of the suburb (typically 50’s/60’s style on large land), newer strata-titled villas in the older northern end of the suburb (created from private subdivision), and newer homes and villas through the southern part built in the 90’s and 2000’s which are located in the developed estates.

Prices start from the low $300,000’s for small units and homes in less desired pockets. Between $350,000 – $400,000 are 3×1 properties on blocks under 500sqm (generally villas/units), while in the low $400,000’s are a mix of good size 3×2 properties and the occasional smaller 4×2 property. Most 4×2’s, depending on their location, age and land size, are generally priced from $450,000 – $550,000, as are older properties suitable for redevelopment.  A handful of properties are found above $550,000 which include new and near new properties, larger homes, and larger development opportunities.  Rents generally fall between $400 – $500 per week.

Key Statistics

Growth rate (1 year average) -0.6%
Growth rate (5 year average) 6.1%
Growth rate (10 year average) 10.9%
Population 4,280
Median age of residents 34
Median weekly household income $975
Percentage of rentals 38%

 Source: REIWA.com.au, September 2011.

 

SPECIAL FEATURE: Momentum Wealth’s Rising Stars

You might think that after buying and selling around 13 properties, you’d be an old hand at property investing. Not so for this young couple which is why they reached out to Momentum Wealth to give them the help they needed.

Trisha Fulton and her husband Ryan have so far turned over more properties in their short lifetime than most people. However, it was always their principal residence that was the subject and not once had the idea of “property investment” entered their minds. Buying and selling was simply a result of their personal circumstances. In fact, due to Trisha’s job, she’s moved in and out of 65 company owned properties in the past 7 years.

When the young couple needed to relocate to Perth from Brisbane back in 2009, they spoke with buyers’ agent Ray Chua at Momentum Wealth to help them find the right home. Although things didn’t work out at the time, buyers’ agent Ray kept in touch and when it came time to take the plunge and buy an investment property in Perth, they knew exactly who to call.

Trisha and Ryan picked up the phone and enlisted the help of Ray and Momentum Wealth to give them guidance and help them make the right decision for their needs.

“Being our first investment property, there’s a different set of criteria than when you’re buying for your own home and you need to make a really intelligent decision based on returns and all that analytical information”, says Trisha.

“(Ray) opened up our minds to a lot of different opportunities that we probably wouldn’t have considered”.

The couple’s primary strategy is to buy properties with future development potential over a 7-10 year timeframe. With a strict 2 week deadline and other equally difficult criteria set by Trisha, Ray begun the search and located them a prime investment property in Rivervale, Perth in July this year. Purchased for $552,000, the property came with a shabby 2×1 property on a duplex sized block. However with buyers’ agent Ray’s insider knowledge and astute research, what really made the property special is its future potential.

“It’s got potential for a triplex development in the future. We wouldn’t have known these things without his help”, comments Trisha.

This determined pair are certainly not short of energy or ambition. With a number of goals set over the coming 10 years, the couple’s next plans are to acquire another 4 properties over the next 2 years across both Western Australia and Queensland. Once these properties double in value, they will start to subdivide and develop them. In 10 years time, they are hoping that they will be in position to not necessarily retire, but choose their work rather than be forced to work.

Although the couple started out as novice property investors, over the last 6 months Trisha has done a lot of her own research to educate herself about investing in property, and has had the help of a property advisor like Momentum Wealth. One piece of advice she decided to take on was to treat property investing as a business, not a hobby. Since starting their investment journey, she’s found this advice invaluable and highly recommends that other property investors do the same.

She also insists that in order to create this business mindset, investors need a good team of people to support them and that to get the most from them, you should treat them as you would expect to be treated yourself.

“If all the right people are in the right place and you look after them and they look after you, you’ve just simply got a good formula for success”.

Using Credit: Subsidy 2 – Low Level Borrowers

For many varied reasons, there will be many people in society who have no debt at all. Perhaps they are in their 50’s and have paid off their home and have no leveraged investments. There will also be people who have low levels of debt relative to their asset levels. There will be some people who have a relatively high level of debt compared to their asset levels. A bank or financial institution will have loans out to the entire spectrum of borrowers.

Assume a person owns their home worth approximately $500,000 and they have a loan of $50,000.  What risk do you think the bank or financial institution is at of not getting their money back on this loan? Almost nil I’d suggest. If someone owned a property worth $500,000 and they had a loan of $250,000, what risk do you think they are to the bank or financial institution? Very little I would suggest. If they stopped the repayments the bank or financial institution has enough of an equity buffer in the secured asset that even in the event of a fire sale the property would have sufficient funds to cover the repayment of the loan.

If someone owned a property worth $500,000 and they had a loan of $400,000 what risk do you think they are to the bank or financial institution? There is some risk to the lender. If they stopped paying the loan and let the property go to ruin it is quite possible that the lender could lose some money. If you were lending money, wouldn’t you much prefer to lend to the person who owes $50,000 on the $500,000 home rather than the $400,000? Wouldn’t you be expecting a higher rate of interest on the higher level of borrowings to compensate for the extra risk?

While there is a larger risk to the lender by lending $400,000 versus $50,000 against a $500,000 asset, the financial institutions rarely charge different interest rates to different borrowers. The lender knows that across the board they will have a range of people at different levels of debt and in order to be able to offer a competitive interest rate they typically offer one interest rate across the board (except to high net worth borrowers who often get discounted interest rates). They know that if the economy went into a severe recession and property prices went down, there are enough borrowers who have low levels of borrowing that the lenders potential bad debts would not become too significant.

What do you think would happen if everyone borrowed up to 80% of the property value and kept it at that level? Suddenly the lenders would have a much riskier portfolio on their hands and they would have to increase interest rates to compensate for the risk. If the economy went into recession there is a chance that a high percentage of loans could go into default and the banks may lose significant amounts of money.

Those who borrow to a lower level relative to their assets should really be getting a cheaper interest rate than those who borrow to a higher level. Lenders have never been able to figure out a way to effectively price the different risk on property loans. They typically use the arbitrary figure of 80% loan to value as the point where loans become more risky. They don’t differentiate between 5% borrowings and 79%. Fortunately for highly leveraged borrowers, not everyone borrows to their maximum. Those who borrow to lower levels relative to their assets are effectively subsidising those borrowers who take higher risks and borrow towards the maximum.

Property Tax Tips: When are interest expenses deductible?

Generally interest is deductible if it is incurred when the borrowed money is used for income producing purposes. If the borrowed money is used for some or all private purposes then the interest on the private portion is non deductible.

For example, if you borrowed $300,000 from the bank and $200,000 was put into a property investment to generate income and the other $100,000 to purchase a home to live in, then 2/3rds of the interest would be deductible (being $200,000 / $300,000).

This is referred to as the “use” test or “tracing” test which generally means that:

(a) When borrowed money is used solely to purchase investment property then the interest will be deductible (while the property is rented or available for rent)

(b) Where borrowed money is partly used for investment purposes and partly for private purposes, the interest will be deductible to the extent it is used for investment purposes.

Many people believe that if they use an investment property as security for a loan than the interest on that loan is tax deductible regardless of what the money is used for. This can be a costly mistake. The deductibility of interest has nothing to do to with the security used to borrow the funds. You can use your own house, a car or a boat or anything. What matters is what the borrowed funds are used for.

Property Management: Case Study

Bianca started managing the properties and found the following:

Upon inspecting the properties, she discovered over $10,000 of urgent repairs that needed to be completed. She organised quotes, agreed on prices and negotiated payment plans with contractors. This meant the tenants were safe and the client could have all repairs completed at once without stress or financial strain.

Three of the leases had expired exposing the owner to the potential of an unexpected vacancy. New leases were signed  with the tenants with the expiry dates staggered at different times in the year so no two properties would be vacant at once, protecting the owner’s cashflow in the event of a vacancy.

Four of the tenants were in arrears – one was 5 weeks behind.  Bianca spoke with the tenants about their arrears and negotiated payment plans which has now led to all of the tenants paying their rent two weeks in advance.

Bianca has now spoken with the owner and his accountant and formulated a maintenance plan for the upkeep and refurbishment of all of the properties. This has given the client and his advisers a clear picture of when works are to be completed, what will be done and how much this is likely to cost.