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PPOR whilst renovating rental - tax nightmare

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  • PPOR whilst renovating rental - tax nightmare

    We moved back from overseas into one of our rentals [House A], entirely as a temporary measure for 3.5 months. This was to a) provide a landing point whilst I found work in NZ; and b) allow us to renovate it, as it needed doing and would be unrentable whilst undergoing the work (it would also keep me busy whilst job hunting). The intent was to keep this as a rental property.

    In the meantime we sold another rental [House B] and used the proceeds of the sale to paydown a mortgage that was against all our rental properties [Houses A, B & C] as a single group, although it would have been taken out at the time we originally purchased House A. So my accountant argues the 'reason for borrowing' was to purchase House A.

    So whilst we were living in House A we didn't claim an deductions on mortgage payments on the property (I think it was calculated prorate across the values of the total properties). I found work very quickly and was living in another City 5 days out of 7 for most of the time we were renovating (so not sure which was my PPOR). FYI - we don't bother with claiming depreciation on the properties, as in our view it creates a mess when you sell a property with claw-back of tax not paid etc. The houses are privately owned by us and not in any trust or tax vehicle.

    The bit that is causing me problems is my accountant is suggesting in this instance that we were selling a property (income earning) [House B] to reduce a non deductible private debt [House A - because we were living in it at the time the mortgage was settled]. This seems ridiculous as it leads me to think that if we all cash-up some day then if we spend the money on ourselves we will have to foot a tax bill on the interest payments - it just doesn't sound right. I would argue the occupation of House A was only ever temporary (I was never really expecting to get a job in that town) and it was debatable if it was ever my PPOR given I was living in another town most of the time.

    I feel my accountant is being overly cautious and wanting to lump me with a $3k tax bill on the $9k of interest payments made against the mortgage associated with House A.

    Also I am concerned that if we do decide to one day take House A off the rental market and live in it as a PPOR will we be hit with a tax bill for everything we ever claimed against it? In that instance should we be buying or selling it to/from another entity?

    Views welcome.

  • #2
    I did exactly the same thing (without the sale and pay down).

    My position on this is...

    While you are in the rental, no rent is being claimed. The property is to some extent sitting empty. However; it is always a rental and you are only staying there for repairs and maintenance. The intention in this case is that it is a rental and not a PPOR, especially as you were there for only a short period of time.

    If you have documented evidence that you were in the property for a short period of time and have documented evidence to show you were renovating it for rental, and you have documented evidence that you rented it out straight away, then I would say you would be pretty safe.

    The tax on sale doesn't sound right to me, particularly if they are always rentals.

    Below is a link to the intention examples from IRD and tax. I hope this helps...



    The IRD will also talk this through with you. It might sound like a strange idea, but they can be very good. I've had great service from them before. And they have a really good ethos that you pay only the tax you need to, not a penny less, and not a penny more. So, they tend to be fair.

    the other option is to say that you lived at your mum's while this was happening and the house was simply empty etc...

    Good luck,

    MBT
    Monkey see, monkey do

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    • #3
      Originally posted by MarkButThis View Post

      the other option is to say that you lived at your mum's while this was happening and the house was simply empty etc...
      Be careful about that.

      I knew someone who claimed that the house had stayed empty for some months.
      However, the IRD had talked to the power company and already knew the exact dates when the electricity consumption went up and then down again at a later stage.

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      • #4
        how about you just pay the going rent for the 2 months?

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