Claiming airfares against your Aussie tax.

Australian property tax and expatriate tax expert STEVE DOUGLAS explains the grounds under which you can recover airfares back to Australia.

Q Can I claim my airfares back to Australia against my tax?
 
A Yes, you can claim the cost of travelling to Australia against your tax provided you’re collecting rental on an Australian property. And to justify your claim, part of your trip must be spent inspecting the property.
     When deciding how much of the airfare you can claim, the Australian Taxation Office looks at the main reason for your trip. If the primary purpose of the trip was property related – such as overseeing a tenant changeover or major repair works – you are able to claim your airfare in full. You can also claim other travel expenses for hotels, meals, car hire and other associated costs for the relevant number of days of property-related activity.
     Trips made to find or acquire a property can offset future capital gains only when the acquired property is eventually sold. However, if you’re already collecting rental the trips are claimable against your annual income tax. If the trip has a dual purpose, such as returning to Australia to visit family over Easter while also tending to your property, you can claim your airfare on a pro rata basis. So for example, if you spend two days of a 10-day trip attending to your property, you can only claim 20 percent of your airfare and two days of hotel and meal costs against your Australian income tax returns.
     If you’re travelling with other family members, you can only claim their expenses if their names are on the property title. For the record, it’s not worth putting your kids on the title to boost this claim as it can create all sorts of subsequent problems. To ensure your claims are lodged without any hiccups, keep a simple diary to confirm your activities and keep receipts of your airfare and other expenses. Frequent Flyer tickets can only be claimed for the actual cost of the ticket, which is usually just the airport tax. The implied ticket value cannot be claimed. There’s no maximum number of trips you can claim in any year, so each visit is eligible for a deduction as long as it’s justified.

Posted by smats Mon, 16 Jan 2012 03:01:00 GMT


How to distinguish an Aussie non-resident from a resident for tax purposes

Australian property tax and expatriate tax expert STEVE DOUGLAS gives guidelines to differentiate an Aussie non-resident from a resident for tax purposes.

Q My family lives in Australia while I work overseas. Does this mean I’ll be taxed in Australia?

A In the 2009 Australian Federal Budget, the Rudd Government announced rule changes for Australians working abroad – if they are residents for tax purposes. If you’re genuinely living overseas these changes don’t apply to you and tax is not payable in Australia on offshore income, as long as you establish non-resident status.
     If one spouse lives overseas and the other in Australia, this can cause confusion when establishing your tax position. Living apart doesn’t affect your tax status, but it does mean closer scrutiny to ensure you’re actually living overseas, rather than working abroad.
     Consider the following to determine whether you’re a non-resident or resident for tax purposes:

Situation          
Non-resident outcome   

Reason for a split household
You’re entitled to live apart as long as you have a valid reason, such as not wanting to disrupt your child’s education or pursuing personal career goals.   
 
Career location and permanence
You should have a valid employment agreement and your intended period of tenure should be long term, preferably more than two years.  
 
Entitlement to stay        
You would logically need to have a valid Visa in the country you live in to entitle you to stay and work. A short term social or visit Visa would not be appropriate.   
A genuine home. You must maintain a permanent home address in the country in which you reside.  
 
History of travel
You’re able to travel freely to Australia as often as you want, but it should be temporary in nature. If trips become more regular and longer it can be construed you’re based in Australia but visiting overseas for work – hence you will become an Australian tax resident.           

Longevity.
Your intention to live and work abroad for the indefinite future should be clear and your actions should support this – perhaps you might have plans for your spouse to join you at a later date.
 
If you have any doubts as to what type of resident you are, seek professional assistance immediately. Australia allows a full tax credit for any tax paid abroad and there are other tax planning techniques which can help, so don’t be afraid to confirm your status.

Posted by smats Mon, 19 Dec 2011 08:08:00 GMT


The tax implications of moving back into your previously rented home

Australian property tax and expatriate tax expert STEVE DOUGLAS advises on
the tax implications of moving back into a property you previously rented to a
third party.


Q I’ve been renting out my house in Australia but plan to move back in shortly. Can I claim any maintenance expenses before that?

A When you rent out a property in Australia, all expenses incurred in keeping it in a tenantable condition are considered an expense which can be claimed either in full as general maintenance or as a progressive depreciation claim for more substantial items such as stoves and carpets.
     If you intend to move back into the property, you can claim all expenses incurred in bringing the property back to a satisfactory condition at the end of the rental period. This includes painting, garden maintenance and general repairs. If possible, initiate all repairs before moving back into the property or within a reasonable period to claim the expenses in full.
     The length of your ownership may have a bearing on the amount you can claim. For example, if you recently acquired the property and have rented it for only six months, the total tax deduction may be reduced if it appears the property is being improved substantially from the time it was acquired rather than being maintained over the course of the short rental period. The longer the rental period, the more likely full maintenance expenses will be allowed when the rental period comes to an end.
     Expenses to improve the nature of the property – new carpets, kitchen equipment or any structural improvements – aren’t usually considered an expense but allowed as a partial annual write off if there’s rental income. So if the rental ceases so does the tax deduction entitlement, as these items will provide benefit to the owner-occupier in the future. This may allow you to claim any residual amount on old items you replaced, such as a stove. Any unclaimed depreciation will be allowed as a full write off in the year the item was replaced and could amount to a reasonable tax offset in the final year of rental depending on how old the item was. If the items were recently replaced, then only the depreciation allowance for the rental period will be allowed. But this will cease to be a deduction once the property is no longer rented. You’ll also not be able to write off any remaining value unless the item is replaced and scrapped.
     I’m often asked if it’s worth doing major repairs prior to moving in. Generally speaking the depreciation write off is not sufficient to warrant the fact that you may prefer to be the first user of the item rather than the tenant. If you have substantial expenses to be incurred during the changeover it’s wise to seek professional advice on the various expenses to determine the tax deduction available to you, prior to the expense being incurred.

Posted by smats Tue, 22 Nov 2011 06:52:00 GMT


The principles behind purchasing a property using a legal structure

Australian property tax and expatriate tax expert STEVE DOUGLAS explains why setting up a company to purchase property requires careful consideration
 
Q I’m thinking of buying a property in Australia. Should I set up a company to do this?
 
A Using a legal structure to purchase property is a very personal decision and should be based on a number of issues. These include legal protection, succession planning, transferability – and of course, taxation. As a general rule it’s not ideal to set up a legal structure as the company will not benefit from the current 50 percent Tax Exemption on Capital Gains. If a legal structure is deemed necessary, a Unit Trust or Family Trust would be more appropriate.
     The nature of the property also makes a difference. If it’s commercial rather than residential, a legal structure may be more suitable – especially when there are multiple owners involved. In this instance a record of a defined unit allocation can determine each individual’s ownership of the asset.
     With residential property, it’s best to make an acquisition in your personal name because if you can keep the debt levels high on the property during the time rent is collected, it can be very tax effective – both during your time abroad and upon a return to Australia. Buying in your own name is also essential if you wish to take advantage of the Principal Residence Exemption on Capital Gains Tax rule. This can only apply if you live in the property at some point upon your return to Australia.
     Setting up a legal structure may also incur the loss of any benefits in building up tax credits on excess holding costs. In such an instance, any tax losses can become trapped in the entity, prohibiting you from offsetting any personal salary income against these losses upon your return to Australia.
     In all cases, the use of a structure should be carefully considered. If your only reason is to obtain an artificial tax benefit, which some schemes and Hybrid Trusts promote, you may find yourself in trouble with the authorities. The Australian Tax Office has the power to look through and void the entity for tax purposes.
     The current system and legal incentives for purchases as an individual already promote the ability for you to enjoy a tax-free investment. So if tax avoidance is your sole motivation, using a legal entity could prove detrimental – you may just outsmart yourself!

Posted by smats Thu, 20 Oct 2011 10:03:00 GMT


How to decide when to buy your dream home in Australia

Australian property tax and expatriate tax expert Steve Douglas outlines the factors to consider when buying your future home.
 
Q I am considering buying a property now to live in when I return to Australia. Is this a good idea?
 
A In short the answer is always “yes”, however there are some key issues to consider. It can be difficult to find a home suitable for today as well as tomorrow. This is because your circumstances may be very different when you eventually return. You may think you want to live in Sydney, but end up posted to Melbourne. You might be single now, but in the meantime marry and have children. It’s very hard to predict what will happen in the future. Regardless, there are benefits in buying property now rather than waiting for your return.
  1. Australian taxation benefits Don’t underestimate the value of receiving a few years of “Tax Free” salary on your return to Australia, through the build-up of tax credits on your property holding expenses.
  2. Cost If you buy now you’ll know the full cost of purchase, as you’ve already made the transaction. For example, a house valued at A$500,000 today and bought today, will never cost any more. But if you delay the decision until you return the same house may have increased in value, and it’s impossible to predict the future purchase price. If you want to live in an area with good historical growth, buying today could actually save you thousands of dollars.
  3. Affordability While you are overseas enjoying improved earnings and savings power you’re in a healthy financial position. And if you engage a tenant and collect rent towards repaying your mortgage, a more expensive property in a better suburb may be easily within reach.
     These compelling factors encourage the purchase of your future residence sooner rather than later. But keep in mind the property should be considered an investment with residence potential. Until you return to Australia you won’t be in a position to know with absolute certainty that it will be “home”.
 
Visit www.aussieproperty.com
for useful links and exclusive information about the Australian property market.

Posted by smats Mon, 26 Sep 2011 03:47:00 GMT


What happens when you don’t lodge an Aussie income tax return?

STEVE DOUGLAS advises on the importance and relevance of lodging an Aussie income tax return.

Q I received a penalty notice from the Australian Tax Office for not lodging my tax return. What should I do?
 
A It’s a legal requirement to lodge an Australian Income Tax Return if you are receiving taxable income in Australia. When living out of Australia, this income is usually from a rental property as overseas income is non-taxable. Many are under the impression that if expenses such as interest costs are greater than your income, you’re not required to lodge a return. This is not the case. You’ll be required to lodge a tax return and report income even when you generate as little as A$1.
For many years the Australian Taxation Office (ATO) didn’t have resources to adequately police non-lodging taxpayers and in turn taxpayers were not contacted. Subsequently taxpayers felt no need to lodge their tax returns. The general taxation policy in the past was if no tax was payable then no fine would be imposed. In 2000 the ATO changed this ruling and taxpayer’s were fined for not lodging a return even where no tax was payable.
If you are lodging your own tax return and received Australian sourced income in the year prior to June 30, you must declare the income and claim expenses by October 31 this year. If you engage a Tax Agent you’ll be granted a lodgement extension until April 2012. If you didn’t receive Australian income to June 30 2011, but lodged an Australian tax return in the past, it’s important to advise the ATO so you don’t get penalised. A fine of up to A$550 may be imposed if you do not alert the ATO.
If you’ve been charged with a late lodgement fine, it’s possible a remittance in part or full may be considered by making a request to the ATO. You will be asked to explain why the tax return was late and also promise to lodge returns promptly in the future. There’s no guarantee the penalty will be reduced although in the past the ATO has been reasonable with rulings. However, expect tougher enforcement in the future. A penalty reduction will not be considered until outstanding tax returns have been completed and lodged. If tax is payable, a late payment penalty may also be enforced.
Lodging a tax return is not a complicated matter, so don’t procrastinate. If you have outstanding tax returns contact the ATO or an Australian Registered Tax Agent from Australasian Taxation Services to discuss your situation and confirm lodgement of your returns. This will ensure you keep up to date with your requirements and hopefully have a minimum of penalties imposed.

Posted by smats Wed, 31 Aug 2011 02:09:00 GMT


Tax implications associated with housing your family in your Aussie property

STEVE DOUGLAS outlines the tax implications of having members of your family live in your Aussie property

Q Can I claim housing tax benefits if a family member is living in my Aussie property?

 

A Allowing a family member to live in your Aussie property while you’re working overseas provides peace-of-mind. You’re leaving your home to someone you trust, you have a place to stay when you return on short visits and it’s also a way to fulfil family obligations such as supporting your parents or relatives.

     Under Australian tax law, to be eligible to claim any outgoing costs you must receive income on the property. So, if you’re not collecting rent from a relative who is occupying the property, you’re not entitled for any tax deductions. And since interest is usually the biggest cost factor, it’s wise to have a low – or no mortgage – on your property, especially when you receive low or no income from the property.

     If your family members are paying tenants, the Australian Tax Office requires you to declare the true market value of the rental property as income, regardless of what you may decide to charge. So, if the rental is A$100 per week and the true market value is higher, you’ll have to declare the higher income to be eligible to claim any interest or other property costs. The true market value of your property can be determined by a Real Estate Agent.

     Once you’ve established what the true market rental is and the total cost of ownership, it’s worth declaring the property in your tax return only if the costs are greater than the market rental. If it’s less, it’s best to leave the property out of your tax return altogether and treat it as a family arrangement. Regardless of which path you choose, your property will still be subject to Capital Gains Tax upon sale. And if the property is genuinely your parents or relatives’ home, it’s best to transfer the property into their name and make it their principle place of residence. They will then be eligible for the Australian Capital Gains Tax-Free Status. Your decision will be based on a number of factors, so take into consideration level of debt, availability of finance, type of property and family obligation.

     Everyone’s situation is different, so it’s best to seek professional advice to evaluate your best options prior to any contractual commitment. While the Australian Tax Office doesn’t mind you helping your family, it will not subsidise the lower rent you may offer a relative and thus, it’s best to treat the property as a proper commercial environment.

 

Posted by smats Thu, 21 Jul 2011 06:34:00 GMT


Do the Aussie Budget 2011 changes affect you?

STEVE DOUGLAS of Australasian Taxation Services highlights some of the tax issues and changes in the recent Australian Federal Budget, which could affect expatriates, intended migrants and foreign investors.

Personal Tax Rate Unchanged For the first time in nine years, there were no reductions in Australian personal tax rates, however, from 1 July,  2013 top tier earners – those above A$180,000 – will enjoy a reduced tax rate of 40 percent. The current A$37,000 to A$180,000 income bracket will merge into a single rate of 30 percent. Non-resident taxpayers and the 15 percent rate will not incur a tax-free threshold – rather, it will be a single rate of 29 percent up to A$37,000 of taxable income. Provided you’re genuinely living abroad for extended periods, Australians will continue to enjoy tax-free offshore salaries.
 
Property Gearing & Tax Credits Full deduction for all costs, including interest and the allowance to write-off construction costs, remains unchanged for property investors. Together with sensible tax planning and debt management, a nil tax environment can continue to be enjoyed on an Australian property investment for offshore-based expatriates and
investors. Upon your return to Australia, you can then use property investment as a tax planning tool to provide for a tax-free salary. These rules for expatriates and intended migrants also remain unchanged.
 
HECS Discount Reduced The current early payment discount option for outstanding University loans will be reduced. Effective 1 January, 2012. The current upfront discount will reduce from 20 percent to 10 percent, while the voluntary repayment discount will decrease from 10 percent to five percent. If you have surplus funds, reducing your HECS debt prior to the change may appear appealing. In effect, it remains a low cost loan with interest charged at the rate of inflation, which is approximately three percent per annum at present.
 
The Flood Levy For resident and non-resident taxpayers the Flood Levy applies only to the financial year ending 30 June, 2011. No levy will apply if your taxable annual income is A$50,000 or less. There will be a 0.5 percent charge for income between A$50,001 and A$100,000 and one percent for income more than A$100,001.
 
For further information and to read about other announcements made during the 2011 Australian Federal Budget, visit www.aussieproperty.com.
 
Steve Douglas is the co-founder and Managing Director of Australasian Taxation Services (ATS), established in Singapore in 1995. ATS provides specialist taxation services to people of any nationality investing in Australian property, as well as Australian expatriates living overseas. Areas of specialisation include the Australian taxation aspects of property investment, as well as expatriate and migration planning.

Posted by smats Fri, 24 Jun 2011 10:15:00 GMT


Land Tax on Aussie property

STEVE DOUGLAS outlines the implications of Land Tax on Australian property. 

Do I need to pay Land Tax on my Australian property?
 
A While the Australian Federal Government is entitled to Income Tax and Capital Gains Tax, State Governments are only entitled to raise levies or duties on activities within their state – such as Land Tax. As such, State Revenue Departments tend to be active in chasing non-payers to recoup arrears.
     Many people living in Australia are unfamiliar with Land Tax as it’s charged only on vacant land, rental property and commercial property rather than the family home. To be exempt you need to be living in the property on the date of determination. And because this date varies state-to-state, it’s difficult to ascertain, especially if you’re living overseas. Some states offer the family home exemption even when you’re abroad provided you’re not renting out the property. However you are still liable for Land Tax if you’re renting out a property and own more than one rental property in the same state. 
     Land Tax is calculated on the cumulative value of all the properties you own in each particular state. So the more property you own, the higher the Land Tax rate and annual cost, which can range from a few hundred to several thousand dollars. Each state has a different Land Tax rate, usually based on the unimproved value of the land of the property. But you can be in a tax-free threshold and not be liable for Land Tax if you own just one more property above your family home. This ruling is beneficial if you have properties in a few Australian states, since you get a new threshold for each state. Also, the Land Tax on an apartment is substantially less when compared with that of a house. This is because the unimproved land value is shared between multiple apartment owners, creating a lower individual value.
     If you believe you have a potential Land Tax liability, contact your property manager or the State Revenue office to confirm if you’re over the relevant threshold for your state. If you don’t, the penalty can be expensive.
     Land Tax isn’t a deterrent to a purchase, it’s just a nuisance. But it can become costly if you’ve built a substantial property portfolio in one state, so always take Land Tax into consideration when calculating your cash flow on a rental property. The expense of Land Tax shouldn’t make you change your investment decisionas the capital growth of any worthwhile property should justify additional costs. But always take Land Tax into consideration when reviewing your investment strategy. To keep your taxable land value at a manageable level, you may want to allow for multi-state property ownership and a sensible mix of houses and apartments.

Posted by smats Wed, 01 Jun 2011 07:37:00 GMT


The pros & cons of interest-only borrowing

STEVE DOUGLAS highlights the pros and cons of an interest-only loan repayment model.

 
Q Is it wise to opt for “interest-only” repayments on my Australian property loan?
 
A Interest-only loans offer lower monthly repayments, benefiting immediate cash flow. But it’s not best to always be in debt. It’s far more important to be debt free, or low in debt, when living in your Australia property – not while it’s being rented out.
Home mortgages “Down Under” are expensive, because there’s no tax relief available for interest costs on private homes. But non-residents renting out their Australian property assets do enjoy a complete tax deduction. However, any additional repayments to reduce the balance of your loan are not tax deductable.
     While a property is collecting rent in Australia, any loan to help with its purchase is fully tax-deductable even if you’ve lived in the home in the past. With tax rates starting at 29 percent for non-residents, this tax deduction is very welcome. But it’s best to only repay the loan when you decide to move into the property yourself. Paying a loan off earlier can cause grief upon your return, should you choose to live in a different property to the one you’ve been paying off. You don’t want to be forced to sell a quality investment because you need access to cash to service a loan on a new property.
Paying off the principal of any loan is an inefficient use of your money, as long as the property is being rented. If your loan is sourced from Australia, an alternative to repaying it is to use an “offset” account. This links your savings to your loan, only charging interest on the net balance. It achieves similar savings as extra repayments, but doesn’t change the loan balance. This gives you greater flexibility, as you can withdraw funds from the offset account if the option of a better property arises at
a later date.
     The overall performance of your investment will improve when you have a higher loan against it. This is due to a combination of reduced taxes and leveraging benefits, which can sometimes almost double the annual rate of return achieved after tax. As a result, delaying the decision to reduce your loan until the day you move in could prove to be a very rewarding decision, strengthening your financial position upon your return to Australia.
For a quick demonstration on the cost advantages of reducing your loan, taxation issues and investment performance considerations, check out the free, customised, online Property Tax Estimator at www.smats.net.

Posted by smats Tue, 26 Apr 2011 01:17:00 GMT

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Australian Tax & Property Advice

With Steve Douglas, specialising in taxation & migration planning

Smats

Profile

Steve Douglas is the co-founder and Managing Director of Australasian Taxation Services (ATS), established in Singapore in 1995. ATS provides specialist taxation services to people of any nationality investing in Australian property, as well as Australian expatriates living overseas. Areas of specialisation include the Australian taxation aspects of property investment, as well as expatriate and migration planning.

Contact Info

Australasian Taxation
Services Pty Ltd

#07-08 Midlink Plaza

122 Middle Road

Singapore 188973


Tel: 6293 3858 

Fax: 6293 4332

Web: www.smats.net 

Email: tax@smats.net