All Topics / Legal & Accounting / Buying IP and Taxation and Ownership
Hi All
I need some info regarding taxation and IP.
My Wife and I earn around $200k combined and I am on the higher income and pay more in tax/yr.
Just wondering if when we buy our first IP if we can specify the % of ownership. Just so when tax time I get a bigger tax savings/refund against my taxable income.We both decided that for our first prop we could do 90% on my income since I pay more in tax/yr and 10% on hers. And for other properties we would put 10% on mine and 90% on hers.
Tax savings would be about $10k based on the property we planned to buy at an auction in 2 weeks.
Do I have to specify on the contract the % or is it something that can be done at Tax Time or any special forms that needs to be filled?
Any thoughts on that?
A lot of ppl would tell you to use a trust, as it will give you the flexabililty of shifting the tax position and ownership year by year + protection.
However to keep things simple- you can buy it in both names and have a nominated % ( more for the higher income owner…you)- the slae contract will have this as ” Tenants in Common” – and you will nominate the %… it has to be set up correctly right from the start BEFORE you sign the 10% deposit contract….
See an accountant before you go ahead with any purchase.
Regards
MichaelMick C | Shape Home Loans
http://www.shapehomeloans.com.au/
Email Me | Phone MeSame Banks. Better Rates. Served With a Passion.
ownership issues need careful consideration.
Buying in your name now may help you reduce your tax by negative gearing in the short term, but what happens when the property starts making a profit? You will end up paying even more tax.
You should also consider asset protection and estate planning issues.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
@shape and @terryw thanx for the valuable info.
I read about Trust etc….but dont really want to get into that right now considering it’s my first IP.I’ll just make an appointment with a property accountant to go over this.
I also look in the contract for the “Tenants in common’ can’t find it.
My next step is visit an accountant and see what he/she says on the trust subject…..Any recommendation?
I am in Melbourne and work on St Kilda Rd, would be great if I could get an accountant around…the area.Tenants in common- you will find it on the bottom of a standard “2005 sale contract” OR if it’s a RESVIC contract it will written within the first 4 pages.
Regards
MichaelMick C | Shape Home Loans
http://www.shapehomeloans.com.au/
Email Me | Phone MeSame Banks. Better Rates. Served With a Passion.
I don't think you should make the decision not to purchase in a trust just because it is your first property and it seems hard. It is pretty easy if you have a good accountant, and would surely save you money in tax in the long term as Terry has mentioned.
Cheers,
LukeTrust is the number 1 question on my list when I visit my accountant this week.
new2invest wrote:@luke86 Trust is the number 1 question on my list when I visit my accountant this week.Try to read as much as you can before hand so that it all doesn't go over your head.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You always need to get the structure correct from the begining and be prepared to pay for the setup and cost involved, it will save you money down the future.
Buying in a discretionary trust, you cannot distribute the losses, so therefore there is no tax benefit to yourself. In NSW you will also be up for Land tax.
If you are buying to reduce your tax (negative gearing) then you will need to buy in your own name or use a hybird trust, it is costly to setup and you will also be liable for Stamp Duty, but it is has the negatively gearing benefit along with asset protection and the benefit later down the track when the property becomes positive. Just becare when setting one of these up.Brad
Callaughan Partners
Accountants and Business Advisors
Advice is general in nature.I have been reading about PIT (Property Investment Trust) from Ed Chan book.
Any thoughts on that? Anyone using such a trust.
I rang them yesterday and i gotta book 3 weeks in advance to talk to someone and the cost is $300/hr.
So before I pay that $300 would be good to hear more from people who’s using PIT.Thank You all for your thoughts so far.
What does the book say? Especially in regards to Land Tax and distribution of income?
I would suggest you do your research before signing up for a trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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