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RESIDENTIAL TENANCIES LAW CHANGES EFFECT LANDLORDS

10/14/2020

 
The Residential Tenancies laws have changed. What effect does the "Healthy Homes Act" have on landlords? The Residential Tenancies Amendment Act will take effect in three main stages:
 
Phase 1: Law changes from 12 August 2020

  • Transitional and emergency housing: Accommodation provided for these purposes, which is funded by the government or part of a special needs grants programme, is exempt from the Residential Tenancies Act.
  • Rent increases: Rent increases are limited to once every 12 months. This is a change from once every 180 days (six months).
    Any rent increase notices given to tenants from 12 August must comply with the new 12-month rule. 
 
Phase 2: Law changes to take effect from 11 February 2021

  • Security of rental tenure: Landlords will not be able to end a periodic tenancy without cause by providing 90 days’ notice. New termination grounds will be available to landlords under a periodic tenancy and the required notice periods have changed.
  • Changes for fixed-term tenancies: All fixed-term tenancy agreements will convert to periodic tenancies at the end of the fixed-term unless the parties agree otherwise, the tenant gives a 28-day notice, or the landlord gives notice in accordance with the termination grounds for periodic tenancies.
  • Making minor changes: Tenants can ask to make changes to the property and landlords must not decline if the change is minor. Landlords must respond to a tenant’s request to make a change within 21 days.
  • Prohibitions on rental bidding: Rental properties cannot be advertised without a rental price listed, and landlords cannot invite or encourage tenants to bid on the rental (pay more than the advertised rent amount).
  • Fibre broadband: Tenants can request to install fibre broadband, and landlords must agree if it can be installed at no cost to them, unless specific exemptions apply.
  • Privacy and access to justice: A suppression order can remove names and identifying details from published Tenancy Tribunal decisions if a party who has applied for a suppression order is wholly or substantially successful, or if this is in the interests of the parties and the public interest.
  • Assignment of tenancies: All requests to assign a tenancy must be considered. Landlords cannot decline unreasonably. If a residential tenancy agreement prohibits assignment, it is of no effect.
  • Landlord records: Not providing a tenancy agreement in writing will be an unlawful act and landlords will need to retain and provide new types of information.
  • Enforcement measures being strengthened: The Regulator (the Ministry of Business, Innovation and Employment) will have new measures to take action against parties who are not meeting their obligations.
  • Changes to Tenancy Tribunal jurisdiction: The Tenancy Tribunal can hear cases and make awards up to $100,000. This is a change from $50,000.
 
Phase 3: Law changes to take effect by 11 August 2021 (but may take effect earlier if the Government agrees)

  • Family violence: Tenants who experience family violence will be able to withdraw from a fixed-term or periodic tenancy without financial penalty by giving two days’ notice and evidence of the family violence. If they are the only tenant, the tenancy will end.
  • Physical assault: If a tenant physically assaults the landlord, owner, or agent of the landlord, or family member of the landlord/owner, and the Police have laid a charge against the tenant, landlords can issue a 14 days' notice to terminate a fixed-term or periodic tenancy.
Contact us for advice or call now

COVID-19 STRATEGIES FOR PROPERTY INVESTORS AND BUSINESSES; GOVERNMENT STIMULUS

10/7/2020

 

WHAT CAN YOU DO?

PictureWe haven't yet found a garden centre that sells one of these
 1. MORTAGE HOLIDAY: In other news, with the OCR dropping to (and staying at) 0.25%, your bank should be passing on rate cuts for any floating loans, and it is worth looking at existing loans to see if you should break and re-fix or extend the term. Break fees are tax-deductible. Ask the bank or your mortgage advisor to do the calculations for you, or use this tool here. You might also want to look at a mortgage holiday, but just be aware that this will increase the loan,^ but it will buy you some time, so in the big picture, may be worth it. We suggest you only do this if you really need to.

Please see this detailed page with info about mortgage holidays, including links for all the major banks to apply for one. See also our blog post with 4 options for your mortgage to improve cash-flow right now


​2. INTEREST RATES: Check with your bank re break fees on your loans, and look at whether the math adds up to break and renegotiate one or some loans at lower interest rates.

3. RENTS: Rent increases are worth considering, as you can now only increase the rent once a year.


4. PAYMENTS: Of course, cash-flow is king, and in this environment, we suggest asking your suppliers if you can start paying in smaller regular installments, rather than bigger sums. This will help reduce the impact of having less cash coming in. EpsomTax.com group offer interest-free time payment plans to all customers as a matter of course; please contact us to arrange this now.

5. INVESTING: This might also be the time to look out for housing bargains - see this article about timing and buying.  If you can get a good deal on a cash-flow positive rental, that's going to introduce some $ into your portfolio. Heads-up: Banks are deluged with lending applications, so getting mortgage approval is slow

6. OTHER RESOURCES: Xero.com have provided a page with links to educational content. You don't have to be a Xero user to access all of it. Webinars include managing stress, resilience, business continuity and so on. 

​What good news is there for the coming weeks and months, in view of the COVID-19 pandemic and its effects on the economy? 

Government policy changes include:
  • Increasing the small asset depreciation threshold to $5,000 for the period 17/03/20 to 16/03/21.  It will return to $1,000 for 2021/22 onwards
  • Giving Inland Revenue the discretion to remit use-of-money interest (UOMI) for customers significantly adversely affected by COVID-19. Affects all tax payments due on or after 14 February 2020. (There are some conditions, see here for more info. For those who don't qualify; tax pooling is still a cost-effective option.)
  • Increasing the provisional tax threshold from $2,500 to $5,000 i.e. if your 2019/2020 income tax was under $5,000, you are not a provisional tax payer for 2021 year
  • Allowing 2% depreciation on commercial and industrial buildings from 2020/21. 
  • Giving wage subsidies or leave payments in some situations.* Find out more HERE. 
  • Business Finance Guarantee: loans for businesses with annual revenue up to $80 million can apply for loans up to $500,000, for up to three years. Click here for more info.
  • COVID-19 small business cashflow loans:  10k minimum loan, 1 year interest-free, no repayments till year 3, then 3% interest p.a.  There are some fishhooks if you miss a payment, so be aware of your responsibilities if you apply and are accepted. More info here.  Apply via the IRD website (use your myIR account)


* The wage subsidy and leave payments are NOT subject to GST - an Order in Council was passed to treat it as exempt (Section 5(6E)(B)(iii GST Act). The wage subsidy paid to the employer is not taxable; it is excluded income under section CX 47 of the Income Tax Act 2007; it is also therefore not deductible when paid by the employer as part of wages to employees. The payments made to employees are taxable for the employee and subject to PAYE, KiwiSaver deductions, Student loan etc in normal way. The same is true for self-employed persons: it is taxable income. NB: you only need to show a 30% revenue reduction for a single 4-week period to receive the full 12-week lump sum; you should be able to show that you took active steps to mitigate the financial impact of COVID-19, which could include drawing from your cash reserves (as appropriate), activating your business continuity plan, making an insurance claim, proactively engaging with your bank or seeking advice and support from either the Chamber of Commerce, a relevant industry association or the Regional Business Partner programme.

^ How it works is that the principal payments temporarily stop and the interest is added to the mortgage

Is Now a Good Time to Buy a Rental Property?

10/1/2020

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Are you thinking about buying a rental property but not sure if now is the right time to dive in?  

There’s nothing like a worldwide pandemic to give you wobbly legs at the thought of making a big financial investment! It may seem like a precarious time to buy a rental property due to Covid-19 and political uncertainty around landlord requirements. However, there are other drivers which may indicate that it is a good time to enter the property market or expand your portfolio.  Let’s take a closer look! 

The Housing Market

Despite the economic uncertainty caused by Covid-19, the New Zealand property market is still growing. International migration has decreased, however Kiwis are returning to and staying in Aotearoa in record numbers. 

According to the REINZ, in August median house prices across New Zealand increased by 16.4 percent. Furthermore, every region in the country has experienced an annual increase in median house prices.  There are still housing supply issues which is hot on the political agenda and demand for rentals are said to be strong. 

Interest Rates

The amount at which home loan interest rates are set is influenced by the Reserve Bank of New Zealand’s Official Cash Rate. As of September 2020, the Official Cash Rate was held at an all-time low of 0.25 percent.  These modest home loan interest rates make it a more affordable time to borrow funds. Consequently, term deposit rates are decidedly slim… 

LVR Ratio Restrictions

 In addition to low-interest rates, you currently will need to use less of your hard-earned savings to buy an investment property.  

Pre-Covid-19, the loan-to-value ratio (LVR), or the size of the deposit that lenders require you to provide in order to buy an investment property, sat at around 30 percent. In response to Covid-19, these LVR restrictions have been removed for one year in an attempt to make it easier for households and businesses to buy property

Legal Requirements for Landlords

Something to keep in mind when thinking about purchasing an investment property is any new and ongoing legal requirements on landlords. 

For example, the new healthy homes standards have been introduced for rental properties in New Zealand, to ensure tenants have access to warm, dry and safe homes.  These standards set specific and minimum requirements, including heating and insulation for rental properties. This means any property you purchase will either need to be up to specification when you buy it, or investment will need to be made to get it ready for tenants.

Final Thoughts

In reality, the decision on whether now is the right time to buy is always going to be ‘as long as a piece of string’. There are always going to be risks and potential threats.

However, lower interest rates, the temporary removal of LVR restrictions and ongoing demand in the housing market make it an attractive time to buy a rental property. Ultimately, the decision of buying a rental property needs to be right for your situation. Doing your research and seeking expert advice is going to help you make informed, long-term financial decisions that are right for you.  

Engage with us at EpsomTax.com to learn more about how you can minimise tax when investing in a rental property.  
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Rental Property: What Records Do You Need To Keep?

9/16/2020

 
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What records do you need to keep for your rental* property? Here is a general guide. Note that this list assumes you are using a property manager.  All costs are for the 12 months preceding 31 March:


​
RENTAL PROPERTY
  • Copy of Sale & Purchase Agreement (if 1st year)
  • Total Rent Received
  • Insurances, e.g. Landlord Protection, Mortgage Protection, House
  • Legal fees
  • Property Management fees (if applicable)
  • Rates – water and Council
  • Maintenance, including any purchases e.g. heat-pump
  • Rubbish collection (if you are paying for it)
  • Property improvements (detailed invoices please)
  • Any other fees or charges
  • Sale and purchase agreement
  • Valuation/s

HOME OFFICE
In our view, Home Office expenses can be claimed if you have rental property; however, as it is generally passive income (unless you are managing the properties yourself) we recommend a conservative claim, as follows:

  • Telephone – please separate out the costs of line rental, internet and tolls
  • Mobile phone costs
  • Stationery, e.g., printer ink, pens, paper etc
  • Visits to the rental property - please record the date of each trip you make to your rental property to check on it.
  • Any existing (if not claimed before) or new business related expenses e.g., computer, cell phone, iPad etc. Include make, model, date and cost
  • Any “home office” improvements (if in doubt, please keep records and we can verify these at year end)

MORTGAGE/S INFORMATION
For the rental property:
  • Full bank statements for the 12 months ending 31 March
  • Applicable interest rate
  • Balance remaining on mortgages as at 31 March
  • Any fees charged


If you'd like a downloadable copy, please see below.

Why keep good records? The better your records, the more expenses can be legitimately claimed, and the better the tax result is for you.  

records_you_need_to_supply_and_keep.pdf
File Size: 358 kb
File Type: pdf
Download File


* For guidelines on Business Expenses (non-rental property) please see this page.

​
Other FAQs you might have:
USING ACCOUNTANCYONLINE.CO.NZ/MY TAX QUESTIONNAIRE
HOW DO I DOWNLOAD TRANSACTIONS FROM MY BANK'S ONLINE INTERNET BANKING?
WHAT IS XERO.COM?
WHAT'S THE PROCESS FOR MY TAX RETURNS?

The IRD provides a guide here under the heading "Deductions You Can and Can't Claim." 
Please remember, all advice given is to be taken in the light of our  disclaimer. Image courtesy of patpitchaya at FreeDigitalPhotos.net

CAN I CLAIM MY HOLIDAY AS A RENTAL EXPENSE?

9/7/2020

 
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You have a rental property. Can you claim your holiday as an expense? If you spend time travelling as part of your business you can claim business travel as an expense. A good way to prove the business portion of your travel expenses is by keeping a diary of your travels.

In addition to keeping invoices, receipts and tickets you should also keep details of:
  • the date of the trip
  • your itinerary
  • the cost of car hire, and air, bus and taxi fares
  • the cost of accommodation, meals and incidentals
  • the time spent on business and non-business activities
  • letters of introduction
  • business contacts/cards
  • firms visited
  • business conducted/reasons for the trip/visit to firm

So how does the rental pay for my holiday?  
Well, the first thing is to remember that there is no such thing as a free lunch - or a free trip - unless you win a competition or have a wealthy benefactor!  However, there are such things as a tax-deductible trip, if not 100%, at least in part.

If you'd like to claim your holiday as a tax-deductible expense, then you need to
  1. be visiting your rental property which is in your holiday destination on on the way to it
  2. pre-plan all business activities related to it, i.e. set up your business appointments, e.g. real estate agents, insurance brokers, accountants, lawyers etc, before you go on your trip.  That makes it really clear why you are going.  Plus, keep records as per the list above.

Then, your LTC/trust/partnership etc can claim tax deductions for some or all of the trip and other necessary expenses: hotels, car, meals, travel etc. Note however that there are some gotchas:

That leather jacket is not tax-deductible
Let's say you are in Queenstown, and you see a nice leather jacket.  So, you buy it.  The trip is 100% tax-deductible, because it meets all the criteria above.  Can you claim the leather jacket?  No.  The guideline is "what is the nexus between this expense and the business activity?"  If there is no clear link or nexus, then the item is not tax-deductible. In this case, what does a leather jacket have to do with your rental property?  Nothing.  So it is clearly not tax-deductible. 

Don't go overboard with your expenses.  
Always remember that tax concessions allowed are based on what the hypothetical "reasonable" person would do.  A reasonable person would not eat out at the swankiest restaurant every night they were away.  They might do that once, but not every night.  So, don't get carried away.

Non-business parts of the trip are not deductible
Let's say that you arrive in another part of the country to inspect your rental property, meet with suppliers and possibly purchase another rental. You have a few days' worth of appointments set up, but you have planned to also take a few days to rest up as well.  The total trip is 10 days, with 3 days' business pre-planned, and the rest being vacation.  Therefore, you cannot claim the entire trip as a business expense. Instead, work out the proportion related to business (30%, in this example), and claim that percentage of the costs.

Can we claim for both of us then and the kids too?
Highly unlikely. Your children are likely not active working partners of your LTC etc, so you would have to make further adjustments to exclude costs related to their stay.  What about your spouse or partner?  Well, is your significant other a part of the business, e.g. a director of the company? A trustee of the trust (that owns the rental)? Are they actively involved in the taxable activities of the LTC? Is the firm/professional you are meeting at your destination expecting to meet both of you? Then likely yes you can claim.

Questions?  Please feel free to contact us.  And for clients, before you go away, please please please contact us. 


See also: what the IRD say. Image courtesy of photostock at FreeDigitalPhotos.net

LOAN/ MORTGAGE OPTIONS COVID-19

3/30/2020

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What are your options for managing your loan or mortgage during the COVID-19 outbreak?​

RESTRUCTURE / renegotiate

Depending on when you last fixed your loans, you may be able to get a lower rate now.  Look into what the bank's break fee would be (break fees are deductible on rental properties); chat to your mortgage advisor if the bank isn't playing ball.  Or if they are being greedy at a difficult time.

You might also be able to push the loan term out e.g. from 25 years to 30 years. Yes it will cost you more interest but will improve cash flow now by lowering repayments.

MORTGAGE HOLIDAY

It's not really a "holiday", but rather a "payment deferral." How does it work? While you don't have to make payments during the mortgage holiday, you still get charged interest. What's that going to cost? Well, it could be significant. If your loan is 500k, then it could add about 15k to it (assuming 4% interest p.a.). If you didn't increase your repayments once the holiday is over, you'd pay about 35k more on your loan!

So, think carefully about this. One thing you can do is request the 6-monthly holiday, then if you don't need all six months, end the holiday and renegotiate.

MORTGAGE HOLIDAY + VOLUNTARY REPAYMENTS

As above, but you keep making payments as you can afford them.  This will give you some relief but reduce the interest on the loan.  Or save money, and then whack it on the loan when you go back to work/cashflow returns to normal. Achieves a similar thing.

INTEREST-ONLY MORTGAGE

Instead of paying principal and interest, look at paying interest-only.  There should be no break-fee for this at the moment.  Just keep in mind that if property values drop, you could end up owing more than the property is worth.  It has happened, but is unlikely.
You may be able to extend the term of your loan, which would lower repayments.  Of course, you will pay more interest in the long-term, but it will help immediate cashflow.
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OFFSETTING PROFITS/LOSSES FROM LTCs AGAINST OTHER RENTALS

9/4/2019

 
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Inland Revenue have released the September 2019 Tax Information Bulletin (TIB), which clarifies this.

For the purposes of this blog post, we are going to assume that the LTC or an individual only holds residential rental property i.e. no commercial, they are not a trader or an associated person or a developer etc, they don't have an Airbnb-style short-stay accommodation house in the picture.

Can losses from an LTC with residential rental property be offset against income from rentals owned by a partnership or in your personal name?
It depends on whether
  1. the LTC decides to apply the ring-fencing rules on a portfolio basis or on a property-by-property basis.
  2. the shareholders have any other residential rentals with income/loss to offset against this

However, the answer is essentially, "Yes", if:
  1. you have decided to use a portfolio basis for the LTC (that is spread the losses and profits out between the various properties owned by the LTC) 
  2. you have at least one residential rental property held in your own name or in a standard partnership i.e. we are not commenting on "limited partnerships" here

So the result is, you can have a negatively-geared LTC, and given the above points, the losses can flow through to you as a shareholder. You can then offset this against profits from a personally-owned rental (either solely owned or in a partnership). The situation also works in reverse ie there are profits in the LTC and losses in the personal/partnership rental.

Note that you can't offset any losses against income from other sources e.g. wages, like you used to in the good old days. That is what the concept of "ring-fencing of losses" means. The losses are "ring-fenced" so that they only apply to residential rental property.

Some interesting points
  • If an LTC applies the rules on a property-by-property basis, the shareholders have to also take that approach in their returns. If it applies the rules on a portfolio basis, ditto.
  • This is not the case for partners in partnerships. If a partnership has filed a partnership return applying the rules on a particular basis, the partners do not necessarily need to apply the rules on that same basis. So a partnership now gives much more flexibility than the LTC in this one respect.
​
Do restructure strategies such as selling your old family home to an LTC still work?
We have previously recommended this, in blog posts such as this one.  The answer is that yes, the rules are unchanged, and this still effectively meets IRD requirements for interest deductibility and remains a good strategy. 

However, just be aware that any losses are ring-fenced, as described above. For more info, the IRD Sept 2019 TIB is below

As always, situations vary, so please contact us for advice on your specific situation. Call 099730706 or email us here

tib-vol31-no8.pdf
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File Type: pdf
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CAPITAL GAINS TAX: RENTAL PROPERTY EFFECTS; STRATEGIES

2/22/2019

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Capital Gains Tax (if it happens): what will be the effects on rental properties? What strategies could be employed to minimise tax effects? Here is a high-level overview:

WHAT WILL BE TAXED?

Everything except your grandma. 

No, not quite. All land except family home, shares, business assets and intangible property.  Seems that cars, boats, jewellry, fine art, collectibles and other household durable items would also be excluded.

HOW MUCH TAX?

At present, it would be at the tax rate of who/whatever owns the asset i.e. if a person, and they are earning $70k/year, then 33c/$.  However, the common view is that this will be watered down to something more like the Australian rate, which is a flat 15c/$. 

That being said, the proposal is to extend the lowest tax threshold of 10.5c/$ from $14k/ year to $20k/year, which is $420/year extra. Break out the party poppers.

Note also, that the proposal includes allowing depreciation on buildings once again. The more things change the more they stay the same!  It would also allow deductions for seismic strengthening, something more likely to help commercial property investors.

WHAT'S THE TIMEFRAME?

It isn't going to be backdated, but seems that businesses will have up to five years to work out what the market value of the assets as at April 2021 was.

WHO WILL BE TAXED?

You'll pay CGT on your worldwide assets if you* are tax resident in NZ, e.g., sell a rental property in Australia: CGT will be calculated in NZ. One would imagine however, that where there is a Double Tax Agreement (DTA), then that country has primary taxing rights, and NZ would recognise the CGT paid on that asset sale.

POTENTIAL ISSUES

  • Getting lending will get harder i.e., the banks would likely only lend you the equity minus the tax. For example, if you have $100k equity, then the banks would lend you 66% (if a 33% CGT).
  • If you have assets in countries which don't have a DTA with NZ, then that could get expensive real quick, i.e., tax is paid on the sale in such a country, but NZ won't recognise that.
  • If you have foreign shares, and they are not currently subject to the Foreign Investment Fund (FIF) taxing regime, well, CGT will be imposed on them.
  • The Portfolio Investment Entity (PIE) regime will be unwound so that those funds get caught by CGT

STRATEGIES

  • Add value to your business or rental before "valuation day" e.g., are you going to make a capital improvement on your rental? Put on another room? Rip out the bathroom and put a new one in? Best to do that before valuation day, so as to minimise the capital gain.
  • Cars, boats, jewellry, fine art, collectibles suddenly became better options for investment. Buy with caution though, as that car you bought might not increase if value if not cared for appropriately, if not the right model or year. And all those collectibles... well, they might go up. Might not. Expert advice will be required from specialists in those fields.
  • As the family home won't be taxed, consider adding value to your family home i.e. improvements that will increase equity.  That will be CGT free+
  • As of writing, the government is pondering the recommendations.  There will likely be changes for multiple reasons, politics being one of them.  So don't panic. Watch this space and start thinking creatively. Engage with your accountant, financial advisor and mortgage advisor.

MORTGAGE LAB

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We asked MortgageLab to give us their unique perspective as mortgage advisors. You'll enjoy reading some useful insights and tips from Rupert Gough here.

forsyth barr

Forsyth Barr make the following observations:
  • Lower income groups will likely benefit from the proposed changes, but the effect is likely to be undesirable for middle to upper income groups.
  • It seems that there will be more reluctance on the part of business owners to take risks/invest, as the rewards in terms of capital gains will now be taxed. 
  • Environmental taxes will be another cost for businesses, and therefore the average Joe who buys from businesses.
  • The agricultural sector will likely be particularly hard hit by environmental taxes... which may also drive up the price of food and dairy.

For more insights and advice on your portfolio, go to 
http://www.forsythbarr.co.nz/contact-us/form/register 

* By "you" we mean the entity that owns the asset
+ Note that if you use part of your family home for Airbnb or want to claim home office costs or if the home is bigger than 4500 m2, then CGT would apply. See this link for more info.

​Reference to comments by Mortgage Lab and Forsyth Barr is done with kind permission of each party. This does not constitute an endorsement of Epsomtax.com Limited. All rights belong to their respective owners.
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RING FENCING OF PROPERTY LOSSES

12/10/2018

 

BILL SUMMARY FROM IRD

Ring fencing of property losses is here to stay. What will be the impact, and what strategies should you employ? How will it affect you? Will you still get a tax refund? Here is the latest summary from IRD and our discussion below.
2018-ria-argosrrm-bill-3.docx
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KEY POINTS

  • The ring-fencing of property losses is going ahead full steam, and the government wants it in effect for the 2019-20 tax year.
  • Rules apply to "residential land" - see our blog article for an explanation
  • Mixed-use assets and "main home" excluded, likewise land held on revenue account e.g. property traders and land owned by widely-held companies
  • Losses can be applied across your portfolio of properties or per property - but there are some caveats* with each approach

IMPACT

So, from next financial year (19-20), it is much harder to get losses from your rental onto your personal tax return. And therefore, goodbye tax refund for some; less refund for others. Rents will likely rise as investors can't get a tax refund to the same degree. Some investors will opt to sell. Others will be able to grow their portfolio.

This blog post has some good stuff in it, but see also our latest post here

STRATEGIES

  • Consider having a home and income property - if you rent out part of your main home, and that makes a loss, then that loss is not ring-fenced. "Main home" means the home that you live in for most of the income year in question. However be aware that this may have implications if CGT comes in, and also one has to be careful with this, as depending on how much of your home is rented out, there may be tax implications too.
  • Consider investing so that your entity is not "residential land" rich. For example, an LTC buys commercial property worth 1 million, and buys a residential rental property worth $500,000. Rather than the company borrowing, the shareholders borrow the money and inject that as capital. The interest on that borrowing can then be claimed by the shareholder on their personal tax return. Note that this will not help existing LTC with loss-making residential property in most cases, as usually the borrowing is already in the LTC name, hence ring-fenced. A restructure to achieve what is described above could well be seen as tax avoidance, unless there were sound economic reasons for the restructure.
  • If you have one negatively-geared rental (loss-making), then try to buy another that makes a profit. Even if that profit is only $4-5,000 a year, that is going to help your bottom line. Talk to us about where/how to find those sort of properties
  • Look to build your portfolio so that it makes a profit or is cash-flow neutral e.g. a loss-maker can be offset against one that makes a profit. That might mean buying 4-5 properties out of Auckland i.e. the provinces. If you have 5 properties each making $100 a week after expenses, then that is $25,000 a year. If you can buy those properties for $150,000 each, then that's 5 properties for the price of one (cheap) house in Auckland.
  • Don't be sentimental about your property. If it isn't going to work in this new ring-fenced world, sell it and look for property that will get you to a profit or cash flow neutral situation.
  • Especially now, contact us before you sign that sale and purchase agreement. Structure is king!

CAVEATS

* IRD state in the draft bill: "... we suggest that the ring-fencing rules generally apply on a portfolio basis, so a person with multiple properties would calculate their overall profit or loss across their whole residential portfolio... we are recommending that taxpayers who wish to elect to apply the rules on a property-by-property basis be able to do so. We... do not consider that ring-fenced losses should generally be fully released on a taxable sale of residential property, meaning the losses (if not exhausted from offsetting the income derived on sale) would be able to be used to offset other income.  However, for those properties which have had the rules applied to them on a property-by-property basis on the taxpayer’s election, we recommend that the losses become fully unfenced if they are taxed upon sale.  This would also be the case where the rules applied on a portfolio basis and all of the properties in a portfolio were sold and taxed.  This would most commonly be the case for land that was taxable under the bright-line test because it was sold within five years of acquisition."

So, what does that mean?
  • If you elect to apply the new rules on a property-by-property basis (losses are not offset against income from other property in your portfolio, but rather are confined to that property), then when you sell the property you can use the losses against any taxable profit on that property AND against any other income you have. This is what IRD means by "fully unfenced."
  • If you want to use the portfolio approach (loss from one property can be offset against income from another), then when you sell a property and there is tax to pay, you can't use any accumulated losses to reduce this tax
  • But, if you use the portfolio approach, and you sell the entire portfolio, and there is taxable income, and you have some accumulated losses, then those losses will be fully unfenced i.e. you can use them to reduce tax payable.

TAX WORKING GROUP INTERIM REPORT - IMPACT ON PROPERTY INVESTORS

9/21/2018

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The Tax Working Group (TWG) has published its interim report. What will be the impact on property investors? Please see the PDF below for an executive summary, courtesy of Forsyth Barr.
equity_strategy_2018-09-21_twg_looks_to_stretch_taxable_“income”.pdf
File Size: 357 kb
File Type: pdf
Download File

THE GIST OF IT

Basically, the TWG wants to extend taxes on capital gains to things other than property. But, they are also looking at reintroducing building depreciation, so it is not all bad for property investors.  

TAX ON CAPITAL INCOME
A capital gains tax (CGT) regime for property and share traders/developers etc already exists in New Zealand, so this is nothing new. The TWG recommendation is to extend this to catch gains on assets that are not already taxed:
  • Land and property (other than the family home)
  • Intangible property, including goodwill
  • All other assets held by a business or for income producing purposes that are not already taxed on sale (such as plant and equipment)
  • Shares in companies and other equity interests
The Final Report arrives in February 2019.
​​

IMPACT ON INVESTORS

Some key points:
  • Sir Michael Cullen has indicated that any new CGT would not be retrospective, so this is a huge relief for existing investors. 
  • Losses arising from the sale of an asset would be carried forward, and subject to ring-fencing e.g. you sell a rental property, and make a loss: this loss can only be used against another rental property.
  • No changes to company tax rates or GST.
  • Won't be introduced until 2021/22
For more information, please contact either Guy Johnson or Paul O'Driscoll or via the details below.
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Content posted by kind permission of Forsyth Barr. This does not represent endorsement of EpsomTax.com Limited or its related companies by Forsyth Barr. All rights and trademarks belong to their owners
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    Garreth Collard

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