All Topics / Help Needed! / Offsetting losses

Viewing 13 posts - 1 through 13 (of 13 total)
  • Profile photo of JillyJilly
    Member
    @jilly
    Join Date: 2008
    Post Count: 8

    My husband and I bought our first investment property as tenancy in common? 50/50, which was fine while I was working.  As I have received very little income this past financial year and we have had a huge loss does anyone know if we can offset the losses incurred 100% to my husbands tax return??
    Thanks in advance, Jilly

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

    no – don't think so as your own half so you have made the loss too.

    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

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    As the property is jointly owned, you must share the income and expenses equally.

    Profile photo of JillyJilly
    Member
    @jilly
    Join Date: 2008
    Post Count: 8

    Thanks for your replies, I thought not.  I guess my next step is to find out if individuals can carry a loss to next financial year?

    We have made a lot of mistakes with this property which is making us afraid to try again, I'm not sure if we should cut our losses and sell and start a fresh or ride this out as I believe the capital growth long term could be good??

    Jilly

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674

    Jilly,
           Don't be afraid to try again or change your approach,
    I had a similar situation. Except I am a man but I went to uni 7 years ago and spent 3 years completing a degree and then at 36 years of age I found no one would employ me so I got fed up and have been a house dad for 4 years so that's  7 years of one wage.
    I had two properties . One was negatively geared and the other wasn't.
    I managed to cover the shortfall for about 3.5 years but when I realised I was not likely to be employed I sold the negatively geared property.
    I had to pay capital gains tax on our profit and then had to pay back some of my Aus study as a capital gain is deemed as an income by Centre link. Strange when a capital loss is not deemed as an income reduction.

    Then to my astonishment I was told by Centrelink that a negatively geared property is actually an income according to Centrelink.
    Centrelink told me it was because you get a tax refund so I said how does that work when I have zero income and then they said but your wife gets 50% of the refund. So after I hang up on them I realised that even if that is the case the refund is 50% loss times 30% tax being 15% of the negative geared amount not 100% as Centrelink deems it to be.
    This is one of the main reasons why I sold my negative geared property.
    As well as you only can claim about 30% if your top marginal tax rate is 30% – times 50% ownership in your situation thats 15% you can claim.

    So if you are getting parenting payments or New Start allowance the negative income may be deemed as income by Centrelink.

    So now I own one positively geared property which will be paid for in about 12 months and then I will buy another property and use the income from the first and second to cover the costs of both properties. So the second property could be negatively geared but across both properties they will be cash flow neutral or slightly positive.

    So your situation has changed and you may have to change your approach.

    Profile photo of JillyJilly
    Member
    @jilly
    Join Date: 2008
    Post Count: 8

    Thanks for your storey Duckster, I am so glad I cancelled my family payments as I did not know that a negatively geared property was classed as income??  That would have been another blow…

    I am now looking into transferring part of my share to husband, will have to pay the stamp duty – which I guess will only be a % of my 50%?  Worth looking into as negative gear property for husband to reduce taxable income is advantageous and we are hopeful the capital growth long term will pay off.

    Not as dazed and confused as earlier  Jilly

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Or look for some other way to split his income to yourself??

    Profile photo of JillyJilly
    Member
    @jilly
    Join Date: 2008
    Post Count: 8

    How would he be able to split his income to myself other than sal sacrifice super?

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    It would depend whether he was a PAYE (employee) or PAYG (contractor/self-employed). PAYG = no chance, PAYG may be some chance to income split – best to speak to your accountant.

    Profile photo of JillyJilly
    Member
    @jilly
    Join Date: 2008
    Post Count: 8

    He is employee, so no chance.  Will be seeking financial advice on Thursday – see how we go…

    Profile photo of Cat159Cat159
    Participant
    @cat159
    Join Date: 2004
    Post Count: 30

    Hi

    Our properties are all 50/50 and although we have to split the interest and income 50/50, my accountant does allocate the repairs and maintenance plus a few other expenses solely to my income (me being an employee who can't reduce my income substantially whilst he is self employed). It may be worth checking with an accountant as to what expenses your husband can claim 100% of.

    Profile photo of JillyJilly
    Member
    @jilly
    Join Date: 2008
    Post Count: 8

    Hi Cat159, thanks for your reply.  We saw our accountant today and asked about this he said no way!  Are your properties set up as Joint Tennancy or a Trust?  Just wondering how they get about splitting income/expenses at different ratios.

    Cheers

    Profile photo of Cat159Cat159
    Participant
    @cat159
    Join Date: 2004
    Post Count: 30

    Joint tenancy. But i double checked with my accountant and it is def okay for me to have 100% of the repairs and maintenance. We have to split the income and interest as per our 50/50 split.

Viewing 13 posts - 1 through 13 (of 13 total)

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