All Topics / Help Needed! / Dual title with family and negative gearing

Viewing 3 posts - 1 through 3 (of 3 total)
  • Profile photo of PropertyYoPropertyYo
    Participant
    @propertyyo
    Join Date: 2014
    Post Count: 1

    Am considering purchasing an investment property with a family member (share the loan).

    The family member would reside in the property as a tenant and the percentage ownership of the property is currently flexible (I may take between 30% – 70% of a house loan).

    If a dual title arrangement is entered into we would work with lawyers to ensure the arrangement is conditional (agreed to by myself and said family member).

    My question relating to tax implications;

    The tenant would pay rent to myself (the percentage share of the total loan that the tenant holds * median rent for the location). I will hold the loan as an investment.

    Does the percentage ownership of the property or the fact that the tenant is a family member dismiss my potential negative gearing / depreciation claims?

    Cheers ahead of time!

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Good question yo :-)

    I’m not an accountant so seek pro advice. My thought would be that if you’re not living in it – and it’s being rented out at market value, that you should be able to claim interest and other costs.

    Best talk to an accountant though.

    Nice avatar BTW :-)

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes. You can only claim your ownership share of the expenses. ie if you own 30% then you could claim 30% of the bills. Your family member would essentially be renting your 30% of the property from you and for you to claim the full 30% of the bills you will need to charge the family member market rent.

     

    Consider estate planning too – what happens if one of you dies/?? or goes insane?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 3 posts - 1 through 3 (of 3 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.