All Topics / Legal & Accounting / Help – Reduce Tax & get family assistance

Viewing 14 posts - 1 through 14 (of 14 total)
  • Profile photo of www_ericwww_eric
    Participant
    @www_eric
    Join Date: 2009
    Post Count: 25

    Hi Everyone,

    My wife decided to take a long term leave (2 years). So I am thinking how to reduce tax and get family assistance.

    Currently we have 2 properties.
    1 is IP. Another we live there but we also rent out 2 rooms.
    my income is 80K base
    we have 1 child <4yrs
    The properties and loans are 50% 50% under both I and my wife’s name.

    The problem is
    We are unable to claim family assistance. We was told that our gain (from tax return) is greater than the threshold.

    So questions:
    What if I refinance my loans so all loans are under my name only.
    I am the main person responsible for the loans. So I can claim 100% tax return.
    also my wife does not have a job. Is she able to get family assistance?

    Or I have to transfer the ownership of properties to my name?

    Or anyway to do it?

    Thanks in advance.

    Profile photo of luke86luke86
    Participant
    @luke86
    Join Date: 2010
    Post Count: 470

    Hi Eric-it is whose names are on the title that gets the tax treatment and rental income from properties. So if you and your wife each own a 50% share in the properties and the loan is in 100% your name, the rental income and tax deductions get split 50/50 between you and your wife.

    You may be able to transfer the ownership of the properties with stamp duty exemption into 100% your name depending on what state you are in, but CGT would need to be paid. And you should also consider the ong term consequences of this i.e. when it comes time to sell, the capital gain would be distributed according to ownership so if you own 100% of the property, you would pay tax on 100% of the capital gain so a short term benefit like getting some extra government assitance might turn into a long term tax problem for you.

    I dont know what the rules are for family assistance but surely your income and your wifes income would be added together? It doesnt make sense that someone would be able to get family assistance from the government because they are not employed irrespective of how much their spouse earns. This would mean that someone would be able to claim government assitance even though their husband might earn $1m + per year!!!! I wouldnt think that this loophole exists.

    Cheers,
    Luke

    Profile photo of www_ericwww_eric
    Participant
    @www_eric
    Join Date: 2009
    Post Count: 25

    Thanks for the reply.

    There are Family Tax Benefit Part A and B.
    From what I understanding,
    A is for family’s adjusted taxable income for this financial year less than certain amount.
    B is for families with one main income, where one parent stays at home to care for children full-time.

    So basically I cannot get benefit A.
    As the properties under both names, they consider that my wife gets income from rents (investment). so I cannot get B.

    Please let me know if i am wrong. Thank you

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404

    That is correct. The rent is considered income. She could transfer her half of the IP to you.

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

    You could make a large donation to charity to get your taxable income down.

    If your properties are in Vic, you may be able to transfer ownership without stamp duty – or nominal $50. But there may be CGT to pay. Maybe consider prepaying interest for one year to bring forward some deductions.

    But, I am not sure if increasing your deductions will actually help with the family assistance.

    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

    If you’on $80k + 1/2 share of rent you aren’t paying that much tax. If she is getting rent she probably qualifies for the low income offset, if you contribute $1k to her super the govt will match it. As far as i know most ‘working families’ qualify for part s and Part b cuts out over a different threshold.

    Profile photo of JohnDoeJohnDoe
    Member
    @johndoe
    Join Date: 2012
    Post Count: 7

    Hi Eric

    We are in a similar situation I think. Wife has taken two years family leave. We have 2 IPs.  we currently receive some FTB A & B and childcare benefit.

    Our IP's are 50/50 and currently we have a loss of 5k each per year.  My taxable income was reduced by 5k (80-5 =75k) but when it came to assessing my family benefit the gov add that loss to my original taxable income 80k +5k 85k. My wife received Paid Parental Leave, plus other work income (15-5k =10k) but gov added the 5k back to the 15 so for FTA/B consideration our combined income was 105k.  Becasue my income was then over 80k we only get paid base rate of FTB A.  Becasue my wife scraped in under the 24k limit for second income earner we received some FTB b.

    This year will be interesting becasue my wife's income is $500 (sold some shares cos no tax to pay) but the IP loss will be 5k so she will have a net income loss. (I believe this loss can be used to offset future CG) but i don't know if that makes her income for assessing FTB/A $5000. 

    We have an IP which we would love to sell to pay off our PPOR but if we do we will lose our family assistance and our childcare benefit. Currently we have 3 kids under 4 in childcare while my wife is studying.  If she returns to work part-time we will also lose our assistance. What she would earn in 3 days of work would just cover the childcare costs and petrol – hence she will be working for us to be in the same financial position – not to mention the added work stress).

    The second income earner can earn $4000k before it affects payments then it reduces and cuts out at $24k. The centrelink website lists all the income thresholds and payment rates. If you salary sacrifice into super to reduce your taxable income – this too is added back to your original income when assessing eligibility for family assistance.

    Anyone else in this predicament?

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

    JD

    If you sell the IP while your wife has a negative income this may greatly reduce CGT. This may enable you to save more in tax than you would lose in FTB. Loss of FTB may only be for 1 year too.

    Also this may enable you to restructure and purchase a new property and set things up more effectively.

    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 JohnDoeJohnDoe
    Member
    @johndoe
    Join Date: 2012
    Post Count: 7

    Hi Terry

    Yes we have that option as well. We are renovating the IP we are considering selling and it should be finished in 6 weeks – I hope. Plasterers are finishing this week. It depends what the numbers come out at.  We purchased for 130k in 2004.Will spend 80k on reno – needed restump, rewire, starightening, plaster, the works so basically new interior. Have had to hold it for last 10mths with no rental income (approx 10k).  Took 6 weeks long service as doing most of the work myself except for major stuff. We would lose approx 15k in gov payments and get no childcare benefit (current saving of 15k p.a) so my wife would be working just to pay for the kids to be in care – so she would have to stay home.
    The house should be in the 300-340k range.
    To be honest we really need someone to sit down with us and go through the options and the figures.  And I am happy to pay for that service but  I don't know where to go. We don't know what to do.

    Profile photo of JohnDoeJohnDoe
    Member
    @johndoe
    Join Date: 2012
    Post Count: 7

    Hi eric – didnt mean to hijack your thread.

    Profile photo of www_ericwww_eric
    Participant
    @www_eric
    Join Date: 2009
    Post Count: 25

    JD,
    that is alright.

    I thought a family can only get FTB A or B (or nothing like me). How can you get both?

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

    Yes we have that option as well. We are renovating the IP we are considering selling and it should be finished in 6 weeks – I hope. Plasterers are finishing this week. It depends what the numbers come out at.  We purchased for 130k in 2004.Will spend 80k on reno – needed restump, rewire, starightening, plaster, the works so basically new interior. Have had to hold it for last 10mths with no rental income (approx 10k).  Took 6 weeks long service as doing most of the work myself except for major stuff. We would lose approx 15k in gov payments and get no childcare benefit (current saving of 15k p.a) so my wife would be working just to pay for the kids to be in care – so she would have to stay home.
    The house should be in the 300-340k range.
    To be honest we really need someone to sit down with us and go through the options and the figures.  And I am happy to pay for that service but  I don't know where to go. We don't know what to do.

    This is something that some financial planners can advise on. But the trouble is finding someone. I am not licenced to give financial advice so can't help. Where are you located?

    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 JohnDoeJohnDoe
    Member
    @johndoe
    Join Date: 2012
    Post Count: 7

    Hi Eric

    We also thought that we were ineligible until a co worker questioned me / assumed we would get it as we are in the same profession / similar salaries. Even after this I thought our income was too high for 2010/11 financial year but I recently put the claim in (which is easily done online) and we received $1900 in arrears payments – we have 3 kids so our threshold is higher.

    Info from centrelink website FTB A first then FTB B.

    Income test

    If your family’s adjusted taxable income for this financial year is $46 355 or less, your payment won’t be affected by the income test.

    If your adjusted taxable income is more than $46 355 for this financial year, your payment will reduce by 20 cents for each dollar above $46 355 until your payment reaches the base rate of Family Tax Benefit Part A.

    Your Family Tax Benefit Part A will stay at that rate until your family’s adjusted taxable income reaches $94 316 a year (plus $3796 for each Family Tax Benefit child after the first). Family Tax Benefit Part A will reduce by 30 cents for every dollar over that amount until your payment reaches nil.

    If your family income is close to the limit cut-off, you should check your eligibility after the end of the financial year, once your actual income is known.

    If you are a two-parent family in which your primary earner has an annual adjusted taxable income of more than $150 000, you won’t be eligible for Family Tax Benefit Part B. This is regardless of the lower income of the other parent.

    If the primary earner’s income is at or below this limit, Family Tax Benefit Part B will be assessed on the basis of the second earner’s income. Secondary earners can earn up to $4891 each year before it affects the rate of Family Tax Benefit Part B.

    Payments are reduced by 20 cents for each dollar of income earned over $4891.

    If you are the secondary earner and your partner earns $150 000 or less, you can still get some Family Tax Benefit Part B if your income is below:

    • $24 912 a year, if your youngest child is under five years of age, or
    • $19 382 a year, if your youngest child is 5–18 years of age.

    You can put in claims for the previous 2 financial years, assuming you have done your tax.  The outcome may be zero but you never know there may be a few hundred or thousand coming your way. 

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

    dealing with centre link is a nightmare john. One of your major problems is you have everything in your personal names and setting up a different structure will cost too much due to transferring assets due to stamp duty  and capital gains tax.
    I am in a similar situation but sold my negatively geared property in 2005 after my two daughters were born due to the idiotic notion that a loss is actually a gain. This meant a tenant lost their home and have not since purchased anymore investment properties.
    I only have one house rented out and I  own it so no negative gearing.
    However I had to pay centre link back their payments as the capital gain was considers income – funny how a capital loss doesn't come off my income but capital gains can be deemed income immediately.
    I could have claimed parenting payments for the last 5 years of a measly 60 a week and a healthcare card but having to report my earnings every 6 weeks seems to me to be a degrading intrusive process. So I did not claim it and I also have over estimated my income so that my family payment A is less with remainder paid at EOF and family payment B is paid at the end of the financial year so I do not get accused of fraud or have to pay money back to centre link.

    I have done a rather drastic restructure and formed a company so I would recommend you get some accounting advice on what is the best structure for your investmewnt goals and situation.
    Unfortunately I have a property in joint names that will cost too much to transfer into a company ownership.

    I  can not by law advise you what structure to use as I do not know your situation and even though I have a degree in commerce with a major in financial planning  I do not have the FSRA financial planning licence from ASIC

Viewing 14 posts - 1 through 14 (of 14 total)

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