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  • TurnipOrange
    Freshie
    • Jul 2013
    • 12

    #1

    Tax Question!

    I live in Australia and have one rental property in NZ. At the end of the financial year I have a $5k loss as I did the year before. So how long can I keep the tax credits as I have made a loss for the last 2 years and don't have any NZ income to adjust it too! Thanks for any help,Turnip
  • Perry
    Geriatric
    • Sep 2004
    • 16861

    #2
    Last I knew, tax credits carried forward
    were only lost on death, bankruptcy, etc.

    Comment

    • Rosco
      Fanatical
      • May 2007
      • 3710

      #3
      Yes, they will continue to carry forward until you have other NZ income to offset them against.

      Ross
      Book a free chat here
      Ross Barnett - Property Accountant

      Comment

      • TurnipOrange
        Freshie
        • Jul 2013
        • 12

        #4
        Originally posted by Rosco View Post
        Yes, they will continue to carry forward until you have other NZ income to offset them against.

        Ross
        Thanks Ross, Any idea how long you have to keep the loses to claim back....Regards Turnip

        Comment

        • brend
          Freshie
          • May 2013
          • 31

          #5
          Originally posted by TurnipOrange View Post
          Thanks Ross, Any idea how long you have to keep the loses to claim back....Regards Turnip
          Not 100% sure what you mean but the rental losses aren't ring fenced to only rental activities. tax losses carried forward are available to be offset against any future taxable income. For example if you decided to move to NZ and took up employment here you could offset that loss against this income.

          I would also be careful about selling the rental while you are an Australian resident as you would be subject to CGT but I don't think that matters anyway because I think the CGT can be realised if your residence ceased? someone else confirm?

          Comment

          • epsomtax
            Freshie
            • Jun 2012
            • 84

            #6
            rental losses in nz deductible in australia

            Originally posted by TurnipOrange View Post
            I live in Australia and have one rental property in NZ. At the end of the financial year I have a $5k loss as I did the year before. So how long can I keep the tax credits as I have made a loss for the last 2 years and don't have any NZ income to adjust it too! Thanks for any help,Turnip
            You can offset losses from property owned in NZ in your personal name against income earned in Australia. I can't post the link here, but put "are the rental losses in nz deductible in australia" into www.google.co.nz and you'll see the correspondence we've had with ATO concerning this. We can also give you a recommendation for a good property accountant in Australia.

            Regards
            EpsomTax.com Ltd
            Property Accountants, Auckland

            Comment

            • Anthonyacat
              Fanatical
              • Oct 2013
              • 1758

              #7
              EpsomTax, I'm curious - If your NZ losses are offset against AUS income, are they still able to be used in NZ? Clearly that wouldn't be fair if it were the case, but how does the IRD know you have utilised them with the ATO?
              AAT Accounting Services - Property Specialist - [email protected]
              Fixed price fees and quick knowledgeable service for property investors & traders!

              Comment

              • TurnipOrange
                Freshie
                • Jul 2013
                • 12

                #8
                And what about capital gains tax in Australia if you sold your investment? Thanks turnip

                Comment

                • Rosco
                  Fanatical
                  • May 2007
                  • 3710

                  #9
                  Originally posted by Anthonyacat View Post
                  EpsomTax, I'm curious - If your NZ losses are offset against AUS income, are they still able to be used in NZ? Clearly that wouldn't be fair if it were the case, but how does the IRD know you have utilised them with the ATO?
                  Anthonyacat, aren't you a tax agent? This is kind of a key concept to tax residency!

                  Doesn't matter if IRD know or not, the NZ loss is still claimable in NZ. Recently I had a dumb IRD auditor have my client up about this (other way around), but they very quickly went away when asked to clarify.

                  Ross
                  Book a free chat here
                  Ross Barnett - Property Accountant

                  Comment

                  • Anthonyacat
                    Fanatical
                    • Oct 2013
                    • 1758

                    #10
                    Honestly, my overseas tax knowledge isn't what it should be - I've not dealt with much. Mostly NZ based individuals, SMEs and charities. I am working on it though. And on that note, yes Turnip there will be AUS capital gains tax on the sale of an NZ property if you hold it in your personal name; less sure if it is in a company or trust structure.

                    Rosco, I was just thinking, with regards to concepts like parliamentary intention and genuine economic loss (Alesco, etc), that having already received the benefit from your NZ losses overseas might disallow their use here. Interesting that this is not the case.
                    AAT Accounting Services - Property Specialist - [email protected]
                    Fixed price fees and quick knowledgeable service for property investors & traders!

                    Comment

                    • TurnipOrange
                      Freshie
                      • Jul 2013
                      • 12

                      #11
                      Thanks Anthonycat, If she has been living in Australia and pays taxes on her property here and sells it should she have to pay tax in Australia on the sale? Regards Turnip

                      Comment

                      • brend
                        Freshie
                        • May 2013
                        • 31

                        #12
                        Might be best to split out the types of taxes here.

                        If she is currently paying income tax on the rental property in New Zealand, she should also be returning this income in her Australian tax return. She would also be entitled to claim a tax credit in her AUS return on the tax paid in New Zealand.

                        When she sells the property, any capital gain will be tax free in her NZ tax return. The capital gain would be taxable in AUS tax return.

                        Comment

                        • Matt Gilligan
                          Forum Junkie
                          • Apr 2006
                          • 406

                          #13
                          Good answer Brend, I agree.

                          In addition I would add that entity type comes into play here and affects whether she can claim the loss or tax credit in Australia. If she owns the asset in a company or ltc in NZ, in Australia three problems arise. Firstly the ATO deny the 50% CGT discount that trusts and individuals enjoy. Secondly losses are locked into the company and cannot be offset in her Aussie tax return. Thirdly tax credits from companies in New Zealand cannot be distributed in Australia with the income, causing double tax.

                          There is a bit more to it, but my point is the assumptions above are all predicated on her having direct individual ownership. If she is using a company in NZ, the above analysis from Brend and others changes, so check the ownership structure in NZ.

                          In relation to Anthonycat discussing parliamentary intention, it is both Australian and New Zealand parliamentary intention that you get losses from domestic and international investment activities. The double dip that occurs where you get to use a loss twice on both sides of the Tasman, is a biproduct of the tax treaty rules.

                          I have written about the basics of cross border tax transactions with some discussion on Australian investing in my book, Tax Structures 101. Check it out if you are interested on our Web at www.gra.co.nz under resources/books.

                          Hope that helps.

                          Cheers
                          Last edited by Matt Gilligan; 07-10-2014, 10:30 PM.
                          Matthew Gilligan CA - E-mail Matt
                          Chartered Accountant Specialising in Tax Structures, Property & Trusts
                          Read my book: Tax Structures 101

                          Comment

                          • epsomtax
                            Freshie
                            • Jun 2012
                            • 84

                            #14
                            Originally posted by Anthonyacat View Post
                            EpsomTax, I'm curious - If your NZ losses are offset against AUS income, are they still able to be used in NZ? Clearly that wouldn't be fair if it were the case, but how does the IRD know you have utilised them with the ATO?
                            @Anthonyacat @TurnipOrange sorry, I haven't been able to get back to you, but I see your questions have been answered by two of my fellow property accountants!

                            Comment

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