EPSOMTAX.COM
  • HOME
  • ABOUT
    • IN THE NEWS >
      • OWNERSHIP STRUCTURES
      • TURNING SKILLS INTO MONEY AND A BETTER LIFESTYLE
    • PARTNERS
    • SERVICES
    • TESTIMONIALS
    • WHY USE A PROPERTY ACCOUNTANT
  • FAQ
    • AML/CFT
    • ANTI-CORRUPTION
    • AUDIT SHIELD
    • DATA PRIVACY
    • FORMS
    • GETTING STARTED IN INVESTMENT PROPERTY
    • HOW TO CALCULATE RENTAL YIELD
    • INFO FOR NEW INVESTORS
    • INVOICES
    • NEW VS OLD VS LAND&BUILD
    • TAX RETURN FAQ
    • TAX POOLING
  • CONTACT
  • BLOG

WE'RE BLOGGING TODAY

Are the losses from my rental in NZ tax deductible in Australia if I’m working there? Part 1

5/6/2013

 
“Are the losses from my rental in NZ tax deductible in Australia if I’m working there?”  That’s what we were recently asked by a client.  It appears that if your NZ rental property is owned in your personal name, the answer is yes.  But if it is owned by a Look Through Company (LTC), what then?  We didn’t know the answer, so we rang the Australian Taxation Office (ATO).  After speaking to three different people, no one there knew either, so we have written to them.  Here’s our letter below… we’ll let you know when we get a response:

ATO
GPO Box 9990
Sydney
NSW
Australia

Dear Sir or Madam

Re: Personal attribution of losses from a Look Through Company (LTC)

We have some clients that are moving to Australia, where they will receive a regular wage from which tax is deducted by their employer and forwarded to the ATO.  My questions are:

  1. Seeing as a New Zealander working in Australia is taxed on his worldwide income, does the ATO allow losses from rental property in New Zealand owned by a New Zealand LTC to be offset against personal waged income earned in Australia?
  2. Seeing as a New Zealander working in Australia is taxed on his worldwide income, does the ATO allow losses from rental property in New Zealand personally owned by said individual to be offset against personal waged income earned in Australia?
By way of background: The New Zealand Inland Revenue Department (IRD) has recently abolished the LAQC structure (Loss Attributed Qualifying Company) and replaced it with the LTC (Look Through Company).  Whereas the LAQC taxed profits at corporate tax rates, the LTC taxes profits at the personal tax rate of the shareholders.  In either case, losses flow through to the shareholders.  In New Zealand, the IRD allows such losses to offset personal waged income, resulting in a situation in which the individual has effectively been overtaxed, and thereby generating a tax refund.

Yours sincerely
Garreth Collard


Click here to see the ATO's reply.

Comments are closed.

    Garreth Collard

    Accounting for your rental residential investment property; specialised property tax advice.  Buy me a coffee! 

    View my profile on LinkedIn

    Archives

    January 2023
    August 2022
    July 2022
    June 2022
    May 2022
    February 2022
    December 2021
    November 2021
    October 2021
    June 2021
    May 2021
    April 2021
    October 2020
    September 2020
    June 2020
    April 2020
    March 2020
    September 2019
    February 2019
    December 2018
    September 2018
    June 2018
    April 2018
    January 2018
    December 2017
    November 2017
    October 2017
    August 2017
    July 2017
    June 2017
    May 2017
    March 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    April 2016
    March 2016
    January 2016
    December 2015
    November 2015
    October 2015
    July 2015
    June 2015
    March 2015
    February 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012

    Categories

    All
    Accounting
    Airbnb
    Companies
    Compliance
    How To
    Investment Property
    Ltc
    Overseas
    Tax Planning
    Trusts
    Video

    RSS Feed

email  Ph +64 9-973-0706  NZ Toll-free 0800-890-132  Fax +64 28-255-08279
Complaints   Privacy Policy & Disclaimer   Unsubscribe   Refunds   English   español
Information provided on this website is not intended to provide an exhaustive or comprehensive statement of tax law, nor is necessarily accurate and therefore should not be used as a substitute for considered written advice. All information published is subject to our disclaimer, terms and conditions, code of ethics and data privacy policy. All prices quoted are in NZD and exclude GST unless otherwise stated. Please note that fixed price fees do not include the cost of responding to an IRD Audit or Risk Review; please see FAQ for more info.

​© Copyright EpsomTax.com Limited 2013-2017. All rights reserved. EpsomTax.com is a registered trademark of EpsomTax.com Limited. All other registered trademarks or trademarks referred to on this website are the property of their respective owners. Use of this website is governed by the laws of New Zealand.
eWAY Payment Gateway
  • HOME
  • ABOUT
    • IN THE NEWS >
      • OWNERSHIP STRUCTURES
      • TURNING SKILLS INTO MONEY AND A BETTER LIFESTYLE
    • PARTNERS
    • SERVICES
    • TESTIMONIALS
    • WHY USE A PROPERTY ACCOUNTANT
  • FAQ
    • AML/CFT
    • ANTI-CORRUPTION
    • AUDIT SHIELD
    • DATA PRIVACY
    • FORMS
    • GETTING STARTED IN INVESTMENT PROPERTY
    • HOW TO CALCULATE RENTAL YIELD
    • INFO FOR NEW INVESTORS
    • INVOICES
    • NEW VS OLD VS LAND&BUILD
    • TAX RETURN FAQ
    • TAX POOLING
  • CONTACT
  • BLOG