All Topics / Help Needed! / Father/Son IP Unequal Repayments. ATO trouble?
Hi guys, my Dad and I own a unit. We are about to sell and I am a little worried about what the ATO might say about the final figures. We bought the place for 172,000, co-ownership. I put down 40,000 on my half, so my half owing 46,000, his 86,000. We have completed a full renovation and about 8 years of negative returns. Old man has always said he just wants what he has put into it back, plus accumulated interest ( and a car loan from years back). As such, our accountant has advised that Dad list all the losses on his side each year. We have done this, with significant tax returns on his income. When I sell, it is going to look very uneven to the ATO I feel. The unit is worth approx 310,000. I will walk away with say 155,000 (half the value) – 46,000 (original debt) = 110,000. On paper, he will walk away with 155,000 – 86,000 (original debt) – 54,000 (losses) = 15,000, even though I will be giving him the 54,000 directly. This will look a bit strange right? At a minimum I think the tax office would like to see him get say 180,000, so he could have a profit of at least 40,000 after all of the costs. Can this classify as a gift, or is this going to invoke the ATO Nexus rule? What ways do you think I have to get around this, or is this something that happens regularly within families?
Hi polsis,
Others on this forum might be more helpful, but is this owned as a tenants in common type where you have 50% each? If so, I cannot understand why the accountant has advised for your dad to list all the losses, as they should be divided equally between the both of you. Likewise when you sell it, any CGT profits are proportioned equally.
Cheers
Tom
You will generally be taxed on your percentage ownership unless there is some other trust in place.
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
OK, so if for instance I purchased his half, and changed the title to reflect only my ownership, what will happen?
If the unit is valued at 300,000, I need to give him 150,000. But the numbers are distorted because he only wants back what I owe him, not what the unit has appreciated.
What is his CGT? Difference between 86,000 (half the purchase price) and 300,000 I take it.
Do they assess any other taxes then?
You would find cgt calculated at market value. Loans are irrelevant for cgt.
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
OK, thanks for your help so far by the way Terry.
So each of us is charged CGT at the difference between the sale price and the purchase price. That is fine.
Will the ATO pick up the uneven deductions for renovations and try to tax accordingly? So will I end up with a tax bill at the end of it do you think?
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