When is a Bank Guarantee NOT Guaranteed?

Dollar

YOUR TENANT’S OBLIGATION to pay rent, care for the premises and abide by the provisions of the lease is usually secured by your right (as the landlord) to terminate the lease and recover possession.

In reality, this does little to remedy the financial loss suffered by a landlord, as a result of a breach by the tenant. [Read more…]

FIRB Approval for Commercial Property

FIRB-approval

YOU SHOULD BE CAUTIOUS when entering into negotiations with foreign purchasers for the sale of property, due to the restrictions imposed by the Foreign Investment Review Board (“FIRB”).

Vendors should ensure that the contract of sale protects them when approval is required by the FIRB. Because, if the purchaser fails to gain approval, the FIRB can reverse the transaction. [Read more…]

Does Your Commercial Property Comply?

regulatory

ONE QUESTION often asked by inexperienced investors is whether or not you can manage your own Commercial property.

And clearly, the short answer is “Yes” … if you know what you doing.

However, owning a Commercial property means that you do have certain legal responsibilities. And among them are your property’s compliance with the various Essential Services requirements, under current Building Regulations. [Read more…]

Is This Good or Bad Debt?

good-bad-debt

CAPITAL GROWTH and the type of gearing heavily impact the overall profitability of your property purchases. And so this article will explain how they can significantly affect your bottom line. [Read more…]

With Property … How to Stay Cool When Things Get Hot

Keeping-Cool

A RECENT CASE in the Queensland Civil Administrative Tribunal (QCAT) has brought the laws governing cooling-off periods into sharp focus. And the ability of vendors to retain termination fees where contracts are terminated was challenged.

While the laws relating to cooling off periods differ in each state, this article will discuss the general principles of cooling off periods … and what you need to be aware of when seeking to exercise your rights. [Read more…]

Commercial Property Loans: Fixed Rate for How Long?

 

Commercial-Property-Loans2

 

IN PART 1, we gave you some advice if you are deciding whether or not to fix your loan.

Today, we continue where we left of with three guidelines to help you avoid a few more common pitfalls when it comes to fixing a loan. [Read more…]

Commercial Property Loans: To Fix or Not to Fix?

Commercial-Property-Loans

INTEREST RATES REMAIN at historically low levels. And the competition for business between banks and non-bank lenders is fierce.

As a result, you can find some very attractive fixed rate options in the market at the moment.

However, if you are considering fixing an existing loan or taking out a new fixed loan, you must understand some fundamental rules that govern these loans.

The following guidelines will help you structure your fixed loans to provide the most benefits for both your residential and commercial investments. [Read more…]

Limit The Security You Grant to Your Lender

Security

IN MY LAST ARTICLE, you read about the various securities lenders can take over your property, in addition to mortgages.

This article will highlight various options for improving your security position when borrowing as a means of maximising your asset protection. [Read more…]

The Previous “BEWARE” … Has Now Become LAW!

High Court Ruling

THE LANDMARK DECISION of Willmott has recently been upheld by the High Court. The decision confirms that a liquidator has the ability to disclaim a lease, meaning that the tenant will no longer hold a leasehold interest in the land.

In our article published in September last year, a case summary was provided of the Victorian Supreme Court of Appeal decision. This article will focus on the reasons provided by the High Court. [Read more…]

How to Rectify Your Non-Complying SMSF

SMSF-3

LET’S REFRESH: In Part 1 we looked at areas of non-compliance; and then moved onto the potentially draconian tax consequences in Part 2.

If you have a non-complying SMSF, this final instalment will give you some direction (and hope) as to the action you can take.

If you have admitted that you are non-compliant to the ATO, the following considerations will determine your outcome. [Read more…]

The Very Serious Taxation Consequences of Having a Non-Complying SMSF

SMSF-2

IN PART 1, you discovered the main breaches that lead to non-compliance. This article outlines the very ugly tax consequences of being labelled non-compliant by the ATO.

Taxation Penalties

SMSFs are subject to income tax but receive concessional treatment — provided they are complying funds.

A complying SMSF’s assessable income is generally taxed at a rate of 15%. BUT for a non-complying fund the rate is 45%. [Read more…]