destination_crows nest

16
Destination CLIENT ONLY MAGAZINE 1 Destination ISSUE 16 AUG/SEPT 2010 DESTINY’S CLIENT ONLY MAGAZINE FEATURE STORY CASH FLOW AFFORDABILITY MARGARET LOMAS talks about it’s impact on investors. - The New Imperative For Property Investors WIN $5000 CASH See page 2 for details. GREVILLE PABST LOOKS AT THE VALUE OF VALUATION KENDRA STRUDWICK TELLS THE POWER OF A SHINED GOAL ROB BALANDA ON AVOIDING INVESTOR MISTAKES Empowering Property Investors

Upload: gajendra-singh

Post on 30-Mar-2016

228 views

Category:

Documents


0 download

DESCRIPTION

Destination_CROWS NEST

TRANSCRIPT

Page 1: Destination_CROWS NEST

Destination Client only Magazine 1

DestinationiSSU

e 16

Aug/sept 2010

destiny’s client only mAgAzine

FEATURE STORY

Cash Flow aFFordability

Margaret LoMas talks about it’s impact on investors.

- the New imperative For Property investors

WIN$5000 Cashsee page 2 for details.

greville Pabst looks atthe vaLue of vaLuatIoN

keNdra strudwiCk tells the poWer of a shINed goaL

rob balaNda oN avoIdINg INvestor MIstakes

Empowering Property Investors

Page 2: Destination_CROWS NEST

2 www.destiny.com.au

Invest WeLL and WIN…. $5,000!

we’re pleased to invite you to be a part of the Destiny Property InveStar Competition.

every quarter, destiny clients* who settle on an investment property are eligible to enter the draw to WIN $5,000 in cash. yes $5,000 in cash - to be used in whatever way you like.

so, if you’re a destiny client go to www.destiny.com.au, log in to the members only section and complete the entry form.

Our 1st Winner – Graham and Roslyn Dekker!

graham and roslyn dekker are east Perth clients who joined destiny 2 years ago. they have purchased two properties in

that time. here is some of their story, shared by roslyn...

“how i felt when we won the $5000 – disbelief!! Funnily enough i found out at the beach (those who know me know that this is one of my central places to be!) i had been surfing and graham came down with the kids, so i could take them out for a paddle. he asked me what i would like to do with $5000. i laughed, thinking he was joking and asked “did we win the competition?” screams of excitement and joy followed!!

Now the $5000 is sitting against one of our loans. it will stay there for about a year, and then we hope to take the children for a snowboard holiday somewhere. it will be one of last holidays together, before the kids start leaving home to embark on their

own adult lives. we have wanted to do something like this for a while, but being self employed, it hasn’t been achievable yet.

we purchased our first property in Mildura in 2009 and our second property in 2010. i would regularly go to the east Perth office for any training and research nights that were happening. i really enjoyed meeting other destiny clients, and learnt a lot more through the interaction and knowledge that was shared with them. the meetings gave me the enthusiasm and encouragement to keep going. also, i enjoyed the confidence that came with knowing i was doing the same as the others, and they all seemed like a pretty intelligent bunch!”

*Terms and conditions apply.

Entries are now open for the 2nd completion period,

during July, August and September 2010. If you settle on an investment property during

this time, enter online!

Contents

3 WElComE from your Destiny Branch Manager.

4 StAff SPotlIght Get to know CEO, David Garden.

4 WhAt’S oN & ClIENt CorNEr Be inspired.

5 fEAturE Story Cash Flow Affordability.

7 ProPErty WAtCh Client purchases over the last two months.

8 INSIghtS from WBP ProPErty grouP on Valuations and their Value.

9 ClIENt SuCCESS Story Clients share their stories, strategies and lessons.

10 ruN ProPErty on the value of good Property Management.

11 roB BAlANDA shares examples of beginner’s mistakes taken from a solicitor’s casebook.

12 rulINg APPlICAtIoNS on using your rent to pay off your home loan sooner.

13 tAx ADvICE Long or short term investment - how does property depreciation change things?

13 thE PoWEr of A ShINED goAl Setting and achieving them.

let’s face it – purchasing an investment property is not for the feint-hearted.

you’ve worked hard for it.

you’ve invested time in your education.

you’ve done your research.

you’ve actually taken the plunge and made it happen!

In compiling this magazine, Destiny Financial Solutions Pty Ltd (ABN 25 073 558 488) relies upon information supplied by external sources. Therefore, Destiny Financial Solutions Pty Ltd cannot warrant the accuracy or completeness of the information contained herein. Appropriate due diligence should be undertaken before applying any of the information to your personal circumstances. No Third Party Commissions. From time to time Destiny refers clients to third party service providers (for example quantity surveyors and accountants) based on merit. Our criteria for selecting third party service providers is quality, ethics, value and professionalism. Typically these service providers offer exclusive discounts to Destiny clients because we do not accept any referral fees or incentives. *Excludes mortgage and insurance services

Page 3: Destination_CROWS NEST

We received some really good feedback from our recent property Buyers Night which was held at the Crows Nest Community Centre. Julia Hartman gave us some great insights into tax issues relating to property and finance. We also analysed two areas in Australia and looked at properties within these areas that had good investment potential. For those that attended, you may recall the client case study we looked at in Orange. I need to apologise because my analysis was inaccurate. My estimate in the presentation was positive $4, however the actual combined positive cash flow for the two properties in this case study has turned out to be over $160 per week!

If you’ve visited our website since March you would have seen some changes to the overall look and feel of the site. We’ve added links and new sections onto our members area. You’ve probably also noticed our Property Investar competition which was launched in April this year.

The Property Investar competition enables you to enter the draw to win $5000 in cash after your investment property has settled. The initial target for the pilot of this initiative was 50 investment properties. The end result turned out to be 99 entries. Destiny has decided to continue this great initiative, so to give yourself the best chance of winning this $5000 prize, I recommend that you purchase lots of investment properties and enter the draw.

Jim leoneBranch manager, CroWS [email protected]

Welcome,

WE ALSO ANALYSED TWO AREAS IN AUSTRALIA AND LOOkED AT PROPERTIES WITHIN THESE AREAS THAT HAD GOOD INVESTMENT POTENTIAL.

Are you ready?

Page 4: Destination_CROWS NEST

Position: Chief Executive Officer

Hometown: Toowoomba, Queensland (hence why I am an avid ‘Mighty Maroons’ supporter)

CHildHood ambition: To play hockey for Australia, and live happily ever after.

Favourite movie: I can’t choose just one! Here is my top half dozen: Meet Joe Black, Forest Gump, Dead Poets Society, Good Will Hunting, Patch Adams and Jerry Maguire.

WHat i most enjoy about Working For destiny? Helping people succeed. At the core of Destiny are people – clients and staff. I really enjoy talking to people, hearing “their story”, finding out about what makes them tick. We are all unique and interesting in our own way. I am also constantly amazed at the level of commitment displayed by our team of branch managers (I am convinced that they bleed maroon and navy). I enjoy sharing this passion as we work to make Destiny the best we can.

my biggest insPiration: This is a hard one – inspiration is all around me! My biggest inspiration would have to be my two beautiful daughters Meg and Grace. They inspire me with their perpetual happiness, boundless energy (except when it is time to tidy up!), love of learning and single-mindedness.

my interests: I have played hockey since I was 6 years of age. I had the wonderful experience of growing up playing with a team mate who became an Olympic Gold Medallist. When he was about 11 years old, he used to play 3 or 4 games on a Saturday and practice afterwards in the dark. I now coach my eldest daughter’s hockey team (and some of them are shaping up to be future Olympians!)

Staff Spotlighton David Garden

Client CornerCongratulations to Edmund & Yeong, following the settlement of their sixth investment property since joining Destiny. They have achieved Platinum Plus status that includes (among other benefits) dinner with Margaret Lomas!

another reminder that for property purchases, we highly recommend that you only agree to 42 days settlement period and 21 days finance approval. Penalty interest (or even loss of deposit) can occur when settlement is not met.

DID YOU KNOW that if you purchased furniture with your new investment property, but then needed to remove it to let unfurnished later on, you can scrap the cost of the furniture itemised in your original depreciation report. So before you remove your furniture, make sure you have the quantity surveyors in to provide an inventory of what is there.

WHat’s on?august28 August Essential Property Education Course

sePtember6 September Property Action Team

15 September Property Action Team

20 September Property Action Team

23 September Property Buyers Night

AUG / SEPT

did you knoW?

ONLY 27% OF PrOPErTY INvESTOrS IN AUSTrALIA OWN MOrE THAN ONE INvESTMENT PrOPErTY.SOUrCE: ATO

Page 5: Destination_CROWS NEST

Destination Client only Magazine 5

fEAturE Story Cash Flow affordability

Cash Flow Affordability – The New Imperative For Property Investors

Have you ever wondered how new food combinations like peanut butter and jam sandwiches came about? I imagine they came from people breaking traditional thinking, trying something new and forging an untested path – often in the face of criticism and humiliation.

Sometimes, two things which were previously thought to be incompatible can be brought together with great success.

For many years, ‘experts’ claimed that you had to be either a growth investor or a cash flow investor. They declared that growth and cash flow are mutually exclusive, incompatible – like peanut butter and jam on sandwiches together!

If you already invest in property you will know, as I do, that “ideal properties” with affordable cash flows and good capital growth are out there. Reuben and I own some of them. You can find them too.

fINDINg thE IDEAl INvEStmENt ProPErty for you

As a Destiny client, you already know and understand my 20 Must Ask Questions®. Following these questions will ensure you select the right investment property for your needs. I won’t cover the 20 Must Ask Questions® again in this article. Instead, I would like to introduce the concept of “cash flow affordability” and how it impacts on investors.

Before explaining cash flow affordability, let’s briefly revisit the concepts of capital growth and cash flow.

CAPItAl groWthAssuming your objective is to

generate the highest capital gain possible, you may think that investing in capital cities and coastal locations is the key. We now know that this is not correct, as recent studies have shown that these areas have performed

poorly over the past 15 years.Since capital growth is directly

linked to supply and demand, it is reasonable to expect that those areas with a population growth faster than the national average will experience greater levels of demand, possibly higher than supply, and so drive up property prices.

CASh floWInvestors seeking positive cash

flow properties are typically drawn to locations where the demand for rentals are highest and this can occur in regional areas and the outer suburbs of some capital cities.

To ensure a minimum injection of ongoing funds, cash flow investors look for properties that ‘pay for themselves’, without a need to support a negative cash flow. Finding property which also has

a high amount of depreciation can also contribute to the inward flow of funds, and so boost the after tax cash flow.

The possible downfall with this approach is the temptation to chase cash flow at any cost, leading you to consider single-industry towns, for example,

BY MARGARET LOMAS.

“IDEAL PROPERTIES” WITH AFFORDABLE CASH FLOWS AND GOOD CAPITAL GROWTH ARE OUT THERE...

Page 6: Destination_CROWS NEST

6 www.destiny.com.au

fEAturE Story Cash Flow affordability

with slim long-term prospects for sustained capital growth.

The key, of course, is going to lie in discovering properties offering the best possible growth for the highest possible cash flow, and ones which suit your personal short term needs for either cash flow or growth.

INtroDuCINg CASh floW AfforDABIlIty

Cash flow affordability is the equilibrium between cash flow and capital growth. It is that balancing point between achieving substantial capital growth and being able to support the property’s costs while this appreciation in value occurs. This point of equilibrium will be different for every investor.

Let’s consider two investor scenarios to explain the concept in greater detail.

Wayne is a single man who lives at home with his elderly parents. His living expenses are extraordinarily low and he spends his money very carefully. His total annual living expenses are only $40,000. Wayne earns $215,000 per year as an engineer. Wayne has high cash flow affordability and so he can target properties with high potential for capital growth even though they may come with negative cash flows. Having said that, Wayne’s objective is still to make these properties into positive cash flow properties in as short a timeframe as possible.

This is achievable as Wayne’s substantial surplus (the difference between his income and expenses) when combined with rapid mortgage reduction principles will reduce his debt, and therefore his interest cost, quickly. This reduction in interest over time (hopefully combined with increasing rents) will create a positive cash flow.

Mark and Sarah are a married couple with 3 young children struggling to get ahead. Mark earns $90,000 per year and Sarah works part-time on $25,000. Their household expenses are $100,000 per year; leaving a surplus of $15,000. For Mark and Sarah cash flow is the key consideration when investing. In total, they can only afford $288 per week (assuming they use their entire surplus to fund

the holding costs of the properties, which doesn’t appear to be a smart option given their circumstances – unless they have other cash reserves).

Mark and Sarah really need to acquire properties with cash flow of say, no more than $30 per week negative.

Other things which need to be considered are time till retirement and risk profile. An investor with less available time needs growth more quickly, and one with a low risk profile will need to buy in areas with less speculation. All investors have different needs which must be considered when making choices about where and what to buy.

Always remember that the ultimate aim is to buy a property with the greatest chance of capital growth for the highest cash flow possible. Cash flow keeps us in the market, while growth allows us to get out, or at least acquire the assets needed to make choices about our

retirement. If you do your research well, you can achieve both of these things. However, due to the nature of how values and rental (yield) growth initially occurs in opposition to each other, the first few years of a property investment may require that you choose the one which is the most important to you, and knowing more about your personal needs for cash flow or growth may help you decide which is the right property for you now. After those first years, a well chosen property should be delivering both yield growth and value growth.

Investors need to be realistic when searching for properties, because it is better to purchase an ‘almost perfect’ property now, than wait for years hoping that the ‘perfect property’ will pop-up. They rarely do.

Until next time, happy investing.

Acknowledgement: Research conducted by Kristy Quinn

IT IS THAT BALANCING POINT BETWEEN ACHIEVING SUBSTANTIAL CAPITAL GROWTH AND BEING ABLE TO SUPPORT THE PROPERTY’S COSTS

Page 7: Destination_CROWS NEST

Destination Client only Magazine 7

letter from the editor

PleaSe note: if you purchased an investment property during the months of Jun - Jul and the suburb in which it was located is not listed above, please email [email protected] with details of the property to ensure inclusion in a future edition of Destination.

Please be aware that this list only includes areas where clients have actually purchased property. there are likely to be other areas which are “untapped”, therefore you should not limit your searching to only these suburbs.

DiSClaiMer: the geographic areas mentioned above are not a recommendation to purchase in the area(s). no research into the viability of purchasing an investment property in these areas has been conducted by Destiny® Financial Solutions Pty ltd. it is your responsibility as a property investor to conduct the additional research required to ascertain the economic viability of the area(s). Past availability of suitable investment properties within the areas listed is no indication of future availability.

the information contained within the Destiny® Property Watch column is provided as a guide only, and may not be applicable to your specific circumstances. always seek professional advice from your Destiny® representative before undertaking any form of property investment.

The selection of appropriate investment properties is typically based on a combination of property specific attributes and location, therefore the suburb listing below may be of some assistance.

WA kwinana, Boulder, Bunbury, Brookdale

SA Elizabeth x 2, Andrews Farm, Sebastopol, Elizabeth Downs x 2, Salisbury, Davoren Park, Christies Beach

NSW Muswellbrook x 3, kelso, Moree, Gunnedah, Worrigee, Pelaw Main, Wagga, Orange, Tamworth x 3, Dubbo x 2, Cessnock x 2, Glenmore Park, Mayfield, Cardiff, Inverell, Mayfield East, Tolland

vIC Sale, Mildura x 6, Melton, Mount Clear, Edithvale, Jackass Flat, Delacombe, Maddingley, Carlton, Mernda, Echuca, Portland, Bendigo, Dennington, Elwood, Grovedale, kurunjang, Mornington, Pakenham, Richmond, Sebastopol, Shepparton, St Albans Park, Warrnambool, Morwell

QlD Ipswich, Eagleby x 3, Drayton, Glenvale, North Lakes, Warner, Oxley, Varsity Lakes, Woodridge x 2, Toowoomba

tAS Bridgewater x 3, Newham, Clarendon Vale

Nt No properties purchased

ACt Greenway

Destiny Property WatchA summary of the suburbs where some Destiny clients have purchased investment properties during the past two months. (This is not an exhaustive list.)

PlEASE NotE:

If you have purchased

one of these properties

ENTER our Property investar

competition to win $5,000

at www.destiny.com.au

Page 8: Destination_CROWS NEST

8 www.destiny.com.au

the value of a Valuation

The Value of a ValuationWhat does a professional valuer look for? GREVILLE PABST ExPLAINS.

Many people know the basics of what can impact the value of their property - overhead power lines and busy roads versus sea/tree views and a short stroll to the local coffee shop. To gain a better idea of how to improve the value of your property, it is worthwhile taking a look at what a professional valuer looks for when inspecting a property and how they arrive at the valuation figure.

The field of property valuations is often described as an art and not a science, as it takes into consideration so many tangible and intangible aspects of a property and its surrounds. Valuations are a professional opinion based on available evidence; valuers do not set new benchmarks. They must be guided by what has sold recently, that is, within the past three to six months.

The valuation process starts with a physical inspection of the property. The valuer walks around and through the property taking measurements and note of the number and type of rooms, fixtures and fittings, and improvements. The valuer then employs three methods to further analyse the property in order to come up with a value range: direct comparison, summation, and capitalisation of net income methods.

The direct comparison method involves researching recent sales of

similar properties in the immediate surrounds, referred to as ‘comparable sales’. The subtle and not so subtle differences are taken into consideration to determine the extent to which these comparable sales can be used as a guide to the value of the subject property. In this way, apples are compared with apples and necessary adjustments can be made for the bruises.

The summation method is the land value plus the depreciated value of improvements, which comprises the dwelling plus ancillary features such as garage, pergola and swimming pool. Land value takes into consideration size, shape, topography, slope, location and surrounding infrastructure and amenities. The value of improvements incorporates the style, age, architectural features, layout, number and purpose of rooms, and renovations in addition to the overall appearance and condition.

The combination of these two methods allows the valuer to arrive at a valuation range. It is then up to the skill and experience of the valuer to consider any risks associated with the property or its location to be able to refine the valuation figure.

The valuer may also check these values by way of capitalising net income. This involves applying an investment yield to assessed market

rental of the property to derive the current market value. This method is commonly used when valuing investment properties.

Another important tip is to ensure your valuer has the skill and experience required to provide you with an accurate and reliable valuation. Only use a qualified and licensed valuer who maintains membership of the Australian Property Institute.

Valuations are required or useful for many purposes including property financing and refinancing, accounting applications such as calculating stamp duty, GST or capital gains tax, rental determinations for investment properties, and family law purposes. An independent valuation before you buy or sell a property can help you negotiate the best price, reduce your risk and save you money.

ABOUT WBP

PROPERTY GROUP

Greville Pabst FAPI FRICS is

CEO and Director of WBP

Property Group, providing a

complete suite of property services

Australia-wide from property

valuations and property advistory

to commercial property

management, property research

and tax-depreciation schedules.

Page 9: Destination_CROWS NEST

ClientWe first visited Alex at Destiny Castle Hill in August 2008. Our aim at the

time was to develop a financial plan, other than superannuation, and become less reliant on full time employment. We also wanted a plan we could stick to and which would not hinder our day to day lifestyle. Alex discussed with us the opportunity to build a property investment portfolio using the equity we had in our own home.

I had read lots of property investing books from various authors but I wasn’t convinced that their methods were for us. However, after reading every Margaret Lomas book, I felt comfortable with her philosophy and systematic approach to creating wealth.

In the beginning, we found it difficult to settle on a region to focus on. The thought of making those first calls to agents was also daunting. After lengthy investigation online in different areas, we purchased our first property in January 2009 followed by our second in April 2009 – both sight unseen. Illness during the next 12 months hindered our progression. However, we’re now back on track and have just signed up for our third property.

Diversification has been part of our strategy. Our first property was an 8 year old, 3 bedroom plus study home in Mildura, regional Victoria. The second was a new 4 bedroom plus study home in Point Cook, a suburb of Melbourne, and our latest one is a 3 bedroom townhouse off the plan in Oxley, a suburb of Brisbane. This will be a new experience for us.

We changed tact slightly from our original plan of buying more properties at lower value, as two of our investments are new. However, our total borrowing is similar. Our aim is to have a balanced portfolio of both positive cash flow properties with some high growth investments whilst ensuring we can service the loans. A key factor of this strategy is obtaining tax variations from the ATO.

We look forward to continuing to grow our portfolio with the help of Alex, Sandra and the team at Destiny Castle Hill.

Clients of Destiny, Castle hill

“WE PURCHASED OUR FIRST PROPERTY IN JANUARY 2009 FOLLOWED BY OUR SECOND IN APRIL 2009...”

Destination Client only Magazine 9

Client Success Story

Page 10: Destination_CROWS NEST

10 www.destiny.com.au

the run Down on Property Management

WhAt mAkES A grEAt ProPErty mANAgEr?

The most commonly asked question I get as CEO of RUN Property, Australia’s largest property management company is “what makes a great property manager”? The truth is a great property manager is hard to find, so understanding what makes a good one is a problem half solved.

Why IS A ProPErty mANAgEr So ImPortANt?

As a passionate property investor myself, I know how challenging it can be to balance the multitude of things in my life as well as keep focused in building a profitable property portfolio.

With property investing, part of my strategy is always having a good property manager. They ensure my tenants are looked after, the appropriate legal documents are in place, maintenance is performed professionally and of course my rent is collected and tax records are kept. One of the most important things a property manager does is negotiates

my rent and because they are working in an area they always know the rents better than I do.

It amazes me just how often landlords miss out on rent. At RUN, when we take over a management from other agencies, we very often find landlords are 10-20% below market. For example, recently we took over a management where the landlord was missing out on $17,160 per annum on her 3 properties!

Why IS BEINg A ProPErty mANAgEr A ChAllENgINg JoB?

Being a property manager can be a difficult job. Sometimes the landlord and tenant have different needs and finding a mutually beneficial outcome can be a challenge. However this is not always the case.

Also, there is a lot to know and a lot to manage – all at once! For example, a typical day of a property manager could involve dealing with a complex maintenance issue, preparing and presenting a case for tribunal, conducting inspections and interviewing a prospective tenant on behalf of a landlord.

What should we really be looking for in a property manager?

It is a sad fact that in Australia, the property management division of a typical real estate company is the ‘poor cousin’ to the sales division. Real Estate agencies are often owned by real estate sales people, who are good at sales but they don’t have the operational management and attention to detail required in property management. It is for this reason that the property manager doesn’t get the support, systems and training required to help them do a better job. If they go on holidays or get sick, who is looking after your property whilst they’re not?

To me, the answer is that we need both a good property manager supported by a professional property management company – this is a powerful combination.

WhAt ArE thE 5 AttrIButES of A grEAt ProPErty mANAgEr?

1.People person – a property manager is dealing with people every day, so having highly refined people skills and being a good judge of character is very important.

2.Good negotiator – whether it is a rent review, negotiating the right deal on maintenance or a tenancy issue, being a good negotiator is imperative.

3. keep calm under pressure – all the good property managers I know are amazing under pressure. They can effectively juggle multiple tasks and keep calm.

4. Eye for detail – being a property manager is definitely a job with lots of detail. A great property manager understands the detail and is very good on follow-up.

5. Understands property, the market and property investing – this is one of the most difficult things to find in a property manager. A property manager who invests in property is worth their weight in gold!

One of the reasons I love investing in property is that there are things you can do to increase both the value and yield of your investment. A great property manager is an extra pair of arms and legs to help you create more profitable outcomes.

AT DESTINY, WE HAVE SPECIAL RUN REPRESENTATIVES WHO LOOk AFTER DESTINY CLIENTS. IF YOU WOULD LIkE TO FIND OUT MORE ABOUT RUN PLEASE CALL SANJA 0433 058 466 OR SIMON ON 0403 200 291.

The RUN Down on Property Management

WITH ROB FARMER.

Page 11: Destination_CROWS NEST

Destination Client only Magazine 11

Avoiding investor Mistakes

Avoiding Investor Mistakes

We all pay dearly for our investment mistakes. Is there a cheaper, less painful way of educating yourself so that you avoid some of the pitfalls that are waiting out there for the unwary? ADVICE FROM ROB BALANDA.

There truly are many traps for young players, and even middle aged players too in the investment game.

Here are some real life examples of beginner’s mistakes taken from a solicitors casebook. Absorbing and understanding the mistakes made by others will go a long way to helping you avoid the same errors. As Warren Buffett, the world’s greatest investor, says “The market, like the lord, helps those who help themselves. The market unlike the lord however, does not forgive those who know not what they do.”

BuyINg A ProPErty WIth A tENANt (always check the lease)

A client purchased a house to live in with his family with settlement in 30 days time. The Contract provided stated that the sale was subject to a lease which had 3 months left to run. Unfortunately the selling agent was not the same company as the letting agent and there was not a genuine free flow of information between the two agencies. The selling agent (and the buyer) accepted the seller’s advice that the lease only had 3 months left to run and did not ask the letting agent for a copy of the lease document. One month after settlement (and 1 month before the supposed end of the lease) my client presented himself at the house that he bought to make arrangements for the tenant to vacate. He was confronted with a hostile tenant who advised him that not only did he have another month to run, but he had just exercised his option to

extend the lease for a further 12 months. It was then that this client consulted my firm and we obtained a copy of the lease. It confirmed the tenant’s advice that it contained an option. The option was clearly drafted and provided that the tenant had the right (but not the obligation) to extend the term of the lease for a further 12 months at the same rental.

A well informed and educated investor will always call for a copy of the lease to check the representations made by the seller and the seller’s agent and in particular to check whether the lease contains any options. Options are nearly always for the benefit of the tenant. That is, it is the

tenant’s call about whether they exercise the option to extend the lease, and no input or approval from the landlord is required. If a copy of the lease is not available at the time you sign the Contract, make sure you include a clause that makes it compulsory for the seller to provide you with a copy of the lease and ensure the Contract is subject to you approving the terms of this lease. Alternatively, make the Contract subject to checking that the lease matches the representations made by the seller and the seller’s agent.

tImE IS of thE ESSENCE – A “SuDDEN DEAth” CoNCEPt

A long established client of mine signed a Contract to purchase a vacant block of land subject to finance approval. The Contract went on to provide that the deposit was payable “on approval of finance”. The Contract was a standard Contract utilised in Queensland which provides, in all cases, that time is of the essence. Finance was ultimately approved and advice in writing given to the seller’s solicitor late one afternoon. The deposit was then paid by the buyer the next day. The seller seized on the failure of the buyer to pay the deposit on the same

day that finance was approved and terminated the Contract of Sale. I advised the buyer that failure to pay the deposit “on approval of finance” - that is, on the same day that finance was approved, was fatal, and in future she should allow herself some leeway in the time she has to pay the deposit. For example, agree that it is payable “within 3 working days of finance approval”.

THE SELLER SEIzED ON THE FAILURE OF THE BUYER TO PAY THE DEPOSIT ON THE SAME DAY THAT FINANCE WAS APPROVED AND TERMINATED THE CONTRACT OF SALE.

Robert Balanda is a partner of MBA Lawyers QLD and author of the ‘Made Simple’ series of products.

Page 12: Destination_CROWS NEST

12 www.destiny.com.au

ruling applications

Ruling Applications on Using the Rent to Pay Off Your Home Loan SoonerBY JULIA HARTMAN.

The ATO has denied a taxpayer a deduction for capitalized interest on a Line of Credit (LOC) where the deposit, rates, insurance and interest only repayments were drawn from. In this case the rent was used to pay off taxpayer’s private home. The ATO’s opinion is covered in Private Binding Ruling authorization number is 1011345133229.

The denial of the deduction was based on the fact the LOC was secured by the home loan and when it was necessary to increase the limit on the LOC the bank would be approached to reduce the limit on the private home loan and increase the limit on the LOC. Even though there was no floating cap or formal agreement with the bank that as one loan decreased the other could increase. Nevertheless, the ATO found that the loans were linked by common security. Thus comparing it to the linked loan in Hart’s case where it was found that it was a scheme caught by Part IVA as having the dominant purpose of a tax benefit.

One thing that is clear from this is that the issue is far from certain and an application for a private ruling on your particular circumstances is absolutely necessary if you are using rent to pay off your home. Mind you this ruling actually says much more than that. It is drawing a far wider conclusion that if you have a LOC secured against your home, and intend to increase its limit when you have more equity because the home loan is reduced by more than the minimum repayments, then you could lose deductibility on the interest on the capitalised interest on the LOC.

This is certainly a bizarre outcome, and is far from the end of capitalising interest and using the rent for other purposes. It is all about what the ATO considers your dominant reason to be, which is why you need to get a ruling on your particular circumstances. It is also evidence that no matter how much another private ruling appears to fit your circumstances, you should not rely on it but instead apply for your own, knowing there are no guarantees. For example PBR 94265 looks to be much the same circumstances as this ruling yet a tax deduction was allowed for the capitalised interest.

IT IS ALSO AN ExAMPLE OF NO MATTER HOW MUCH ANOTHER

PRIVATE RULING APPEARS TO FIT YOUR CIRCUMSTANCES YOU SHOULD NOT RELY ON IT BUT INSTEAD APPLY FOR YOUR OWN, kNOWING THERE ARE NO GUARANTEES.

Julia Hartman is the founder of Ban Tacs Accountants. Julia also writes for Australian Property Investor magazine and is co-author of Saving Tax on Your Investment Property. www.bantacs.com.au

Page 13: Destination_CROWS NEST

Destination Client only Magazine 13

tax Property Depreciation

When investing in property for a short or long term, it is important to understand the effects of property depreciation and how it can change an investment.

The Australian Taxation Office (ATO) allows investors to use two alternative methods of depreciation.

1. Diminishing Value Method - accelerates depreciation deductions quickly

2. Prime Cost Method - spreads the deductions out over time.

The long term intentions of the property investor will determine which depreciation method will be most suitable for them. An investor must decide to use only one method; each method effects the long term cash flow position in a different way.

Under the Diminishing Value method the deduction is calculated as a percentage of the balance you have left to deduct. The deductions will be higher in the first five years and diminish over time. This is because you are claiming a greater proportion of the asset’s cost in the earlier years of the effective life.

Under the Prime Cost method the deduction for each year is calculated as a percentage of the cost per year - this results in a more even spread of deductions over a longer time.

It depends on your investment strategy as to which method is best for you. You will need to consider how long you intend to hold the property and if you are going to need higher deductions now or in ten years time. Your accountant is the best person to discuss this with.

If an investor purchases a property for the purposes of a short term investment and plans to sell it in approximately five years time, the Diminishing Value method would be a more attractive option to take, as it provides higher returns over the earlier years. If the owner was intending to retain ownership for a longer period of time then the Prime Cost option may be more suitable, as it provides a constant long term projection of what the investor’s tax deductions will be.

Our experience shows that most investors employ the Diminishing Value method on both long and short term investments as depreciation deductions under this method are cumulatively higher over the first five years of ownership, when they need the deductions most.

Take the table (above right) as an example of how the Diminishing Value method compares to the Prime Cost method in deductions obtained per year for ten years.

Remember to discuss these options with your accountant. Every property investor’s situation is different and your accountant will know which method is best for you.

Long or Short Term Investment – How Does Property Depreciation Change Things?

Figures based on a purchase price of $400,000; older property

$8,658$8,930$6,948$6,197$5,103$4,408$4,118$3,744$3,513$3,368

year oneyear twoyear threeyear Fouryear Fiveyear sixyear sevenyear eightyear nineyear ten

diminishing Value method

prime cost method

$6,606$6,126$6,126$6,126$6,124$4,813$4,720$4,718$4,718$4,708

bradley beer (B. Con. Mgt)

is a Director of

BMT TAx DEPRECIATION

Please contact 1300 728 726 or

visit www.bmtqs.com.au for an

Australia wide service.

Page 14: Destination_CROWS NEST

14 www.destiny.com.au

town Spotlight

Located on the western edge of the Blue Mountains, Lithgow is 140 kilometres from Sydney. The Lithgow Local Government area totals 4551 square kilometres from the Capertee and Wolgan Valleys in the north, Little Hartley in the east, Tarana in the south and Meadow Flat in the west.

Until recently Lithgow was perceived to be an inland mining and industrial centre, however recent developments have seen Lithgow recognised as an important tourism destination, heritage centre and a desirable residential area.

Two thirds of the city area is given over to World Heritage Listed National Park, making Lithgow an important leisure destination for Sydney residents. Lithgow has unlimited opportunities for outdoor activities such as bushwalking, mountaineering, camping, orienteering, hang gliding, horse riding, off road 4WD, fishing, sailing and water skiing.

In addition to the major urban centre of Lithgow the city of Lithgow has 12 villages with mining or farming backgrounds. These smaller centres have proven to be attractive rural residential areas.

According to the 2006 Census, there were 19,756 people resident within the region.

Lithgow City has consolidated its position as a regional centre attracting a range of retail, commercial, industrial, educational and professional services serving Lithgow and its environs and a potential catchment of over 230,000 incorporating the Blue Mountains and Central Western Sydney residents.

mAIN StAtIStICS for lIthgoW: Population approximately 20,000Unemployment is around 8.5%24.3% of the population are rentersMedian household income is $738 per weekMedian price of units $158,000Median price of house $200,000Rental yield approx 5.8%Vacancy sits at 0.7%

Lithgow offers a truly unique lifestyle and is at the start of an exciting transitional period looking to harmonise its urban, industrial and rural qualities which are unmatched in the Central West. Lithgow is truly a city looking to the future and embracing the challenges and opportunities it faces in order to pursue its vision of sustainable economic development and community harmony.

Spotlight on lithgow, NSW

LITHGOW OFFERS A TRULY UNIQUE LIFESTYLE AND IS AT THE START OF AN ExCITING TRANSITIONAL PERIOD LOOkING TO HARMONISE ITS URBAN, INDUSTRIAL AND RURAL QUALITIES

Page 15: Destination_CROWS NEST

Destination Client only Magazine 15

letter from the editor

COMING SOON.

In the NExT ISSUE of Destination...

Here is a riddle for you: five frogs are on a lily pad and one sets a goal to jump off, how many frogs are now left on the lily pad? There are still five, because setting a goal and achieving a goal are two entirely different skills. Let me share the secret of successful goal setting with you, which I believe lies more in the design than the execution.

In my experience, successful investors set visionary goals i.e. goals that begin with the end in mind and that clearly communicate a vivid picture of what success looks like. I refer to these kind of goals as ‘shined goals’, because they are so bright that they literally light the way forward. Shined goals are centered on an individual’s values, not necessarily their objectives. For example, what is it that your property portfolio is actually achieving for you in life? In most cases it will be something along the lines of financial freedom or fun time with your family. Therefore a goal of: 5 properties added to my portfolio within the next 4 years when shined, could become: Number 5, I’m alive! or Free to play during the day!

What are the keys to setting a shined goal? Below are the essential criteria that will transform any goal from standard to premium. If you ensure that your goals meet these criteria then just like the premium fuel you put in your car, the journey will be quicker, smoother and much more energy efficient.1. Specific – Your goal statement needs to be succinct, specific and have a

single focus. Seven words or less.2. Measurable – Make sure you are able to track and measure progress in a

tangible way.3. Timeframe – Your deadline - when do you want to achieve this goal by

(this doesn’t necessarily need to be stated in the goal, simply defined)4. Visionary – Capture the essence of what you will see/feel once you have

achieved your goal? The more vivid the picture the more powerful the goal.

5. Yours – that it absolutely inspires you. Some people set goals in order to please others and don’t necessarily have 100% buy-in themselves.

The Power of a Shined Goal BY kENDRA STRUDWICk OF

RESULTS COACHING SYSTEMS.

StAff SPotlIght Meet Destiny’s Marketing Manager.

fEAturE Story by Margaret Lomas.

ProPErty WAtCh Client purchases over the last two months.

ClIENt SuCCESS Story Clients share their stories, strategies and lessons.

WBP vAluErS ArtIClE

ruN ProPErty ArtIClE

mBA lAWyErS ArtIClE

BAN tACS ACCouNtANtS ArtIClE

Bmt tAx DEPrECIAtIoN ArtIClE

rESultS CoAChINg ArtIClE

uPDAtE oN thE homEBuyErS AND homESEllErS ProtECtIoN fuND

rESEArCh SPotlIght

Page 16: Destination_CROWS NEST

Destiny Crows Nest Branch38 Willoughby Road, Crows Nest NSW 2065

Ph: 02 9460 8400, Fax: 02 9460 8399Email: [email protected]

Empowering Property Investors

www.destiny.com.au