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Accountants Hamilton, Chartered Accountants Nz Blog

Holiday homes

11th June 2013

There are some major changes for Holiday Homes, and IRD is targeting overseas investments, incomes, pensions and shareholdings.  If you have any interest overseas, we suggest you email me by clicking here to ensure we are accounting for this correctly.

Mixed-use Assets (Holiday Homes) changes:

The Finance and Expenditure Committee reported back last week and their recommendations are:

  • 1/4/14 application date for boats and aircrafts
  • Still 1/4/13 application date for holiday homes
  • Recommended transitional period, so that assets (including Holiday Homes) can be transferred out of a Company without incurring tax liability for depreciation recovery (but new entity will still be liable for the depreciation recovery)
  • Reduce assets covered to be Boats, Aircrafts and Holiday Homes that cost over $50,000
  • Private use to include use by associates
  • Any income derived from private use to be treated as non-assessable (this matches to the expense being unclaimable)
  • If Gross Income is under 2% of the Market Value, then losses can’t be claimed and carried forward to when there is a profit
  • If under $4,000 income, can opt out, and not return income or claim any expense
  • “Mixed-use” is where the asset is used for private and income earning use, and it is not in active use for its intended purpose for at least 62 days. (So if rented for whole year or 303+ days, then mixed-use rules don’t apply.)

It is likely at this stage that any holiday homes that are used for Mixed-use, will be sold out of companies during the transitional period.  Otherwise interest claims may be limited.

Example 1: Current rules

- Income from renting for 30 days = $9,000.

- Total Expenses $25,000.

- Available for rental 90% of year, so could claim $22,500 expenses.

- Loss for tax purposes $(13,500).

- Depending on the ownership structure, this loss could normally offset other income and save up to $4,400 of tax per year.

Example 2: Proposed rules

- Income from renting for 30 days = $9,000.

- Total Expenses $25,000.

- Used for 36 private days vs 30 rental days, so can claim 46% of expenses = $11,500.

- Loss for tax purposes $(2,500).

- If rental worth over $450,000, then not receiving 2% of market value, so losses available $0, and carried forward $2,500 to future profits from holiday home.

Coombe Smith are property accountants and property experts in Hamilton, who help the Waikato property community and are proud to have property clients throughout New Zealand and the World. Do you need a property accountant to help with your rental properties?

IRD is on the warpath! Please let us know if any of these 4 apply to you

11th June 2013

1.  Foreign Investments, Overseas Bank account, Shares in overseas companies, inheritance overseas 

Generally these are taxed under Foreign Investment Fund (FIF) tax rules, unless an exemption applies.  There is an exemption for natural persons where the cost is under $50,000 and also a four year transitional exemption.  IRD are looking for NZ tax residents who own shares in overseas companies, or have overseas investments that they aren’t declaring.

2.  Foreign Rental Properties

There are a number of requirements to consider:

  • Exchange gain or loss is taxable – in some cases we must return the exchange gain or loss as taxable income in each year (even though not realised).  Or if exemption applies, is taxable in year of sale.
  • Approved Issuer Levy – Depending on who you have borrowed the money from, you might have to pay Non Resident Withholding Tax (NRWT) at 10 to 30% of the Gross interest paid.  This can be reduced to 2% by using Approved Issuer Levy (AIL).  If lenders have a branch in NZ (such as Westpac if borrowing in Australia) then this can be reduced to 0.

3.  Foreign super schemes or entitlement to inherit a foreign super scheme

Only NZ is entitled to tax overseas pensions that NZ tax residents are receiving.  Therefore, you cannot claim a tax credit in your NZ tax return for foreign tax paid.  Instead, you would need to make an application to the overseas country to get any tax back.

There are new changes that have just occured.  There are options available to transfer overseas pensions before 31/3/14 and pay a straight 15% tax.  This is just one option, and there may be a better option available.  But if you have an overseas pension or an entitlement to inherit one, then please contact me by clicking here.

4.  Certain overseas investments

IRD are checking the tax treatment of investments in OMIP and Ross Asset Management Group.  If you have investments in these, please email me by clicking here.

Coombe Smith are property accountants and property experts in Hamilton, who help the Waikato property community and are proud to have property clients throughout New Zealand and the World. Do you need a property accountant to help with your rental properties?

Is Hamilton Next?

3rd July 2013

As a property investor, with investment properties mainly in the Waikato, I have been watching the Auckland market with interest and have been wishing that I owned some central Auckland properties.  But, there is a lot of information that points to Hamilton catching up!

Last Wednesday we held a free property seminar in conjunction with Lodge Rentals, Priority Home Loans and Lodge Real Estate, and I came away with some new insights into the Hamilton Market.  The key to our seminars is information from a variety of experienced sources, and I find that with each seminar I personally learn something new from hearing the other speakers.  Last seminar, it was a return on doing a rental up (see http://www.cswaikato.co.nz/blog/20-gross-yield-by-maximising-what-you-already-have/ ), and this seminar I learned a lot about the Hamilton market from Vaughan Heslop (Lodge Real Estate).  Here is a little bit of what Vaughan discussed:

Comparing Hamilton to NZ

In the past, the Hamilton median house sale price always stays in line with the NZ median house sale price.  In 2001 Hamilton started to get behind, but then caught up in 2004 to 2006.  This and previous information that Lodge Real Estate have gathered shows that the Hamilton market lags the NZ market.

So in the current cycle, from 2010 the NZ median has increased but Hamilton has stayed consistent. As at 2013 the gap between NZ and Hamilton is the biggest it has ever been.  No one has a crystal ball, but based on history the Hamilton market will start to catch up and have a strong growth period over the next few years.

So while Auckland seems very attractive at the moment, Hamilton should be next!  This is quite encouraging for Waikato Property Investors.

Next Seminar

We are repeating the same seminar on 27th August (Tuesday) to help more property investors buy the right rental, and to stop people buying a “lemon”.  If you are looking at buying a rental property, then I suggest you come along for the next seminar.  We would love to see your friends and family too, and the seminar is completely free with no hard sell or hype.

http://rental.eventbrite.com/

Coombe Smith are property accountants and property experts in Hamilton, who help the Waikato property community and are proud to have property clients throughout New Zealand and the World. Do you need a property accountant to help with your rental properties?

Reducing Depreciation Recovery

25th June 2013

Should you just accept that you will have to recover all the building depreciation you have previously claimed? ……… NO

In many cases the building depreciation recovered is only a fraction of the total claimed and there are a number of ways to minimise it.

Below is a copy of our March 2012 article as we feel it has great value.

What is Depreciation Recovery?

In the past, property investors have been able to claim Building Depreciation.  An investor may have purchased an investment property for $350,000 of which $200,000 is land, $125,000 is building and $25,000 is chattels like carpets and curtains that have been valued by a Valuit Chattels valuation.  Most investors would have claimed 3% or 4% diminishing value depreciation on the $125,000 (or around $3,500 to $5,000) per year.  They also would have depreciated the chattels at their respective depreciation rates.  So over 5 years the investor may have claimed $20,000 of building depreciation, bringing the book value of the building down to $105,000.

In the past the IRD have given a deduction for the reduction in value of the building.  If the building hasn’t been reducing in value, has increased in value or has reduced at a lesser rate, then the property investor has been over claiming building depreciation.  They have been claiming a deduction which is perfectly legal and allowable, but that isn’t really occurring in their circumstances.

When the building is sold, an investor who has been over claiming this deduction, will then have to pay all or a part of it back again, which is depreciation recovery.

- Depreciation Recovery generally only applies to buildings.
- Chattels generally reduce in value at similar levels to IRD rates, therefore when the investment property is sold, there is no recovery.  A chattels valuation could be obtained at date of sale to prove this.

Carrying on the example above, if the investment property is now sold 5 years later for $500,000.  The chattels might be worth $10,000, the building $190,000 and the land $300,000.  The building book value is only $105,000, so the $20,000 building depreciation claimed over the 5 years will be recovered and become taxable income.  From $125,000 to $190,000 is a $65,000 capital gain, which is currently non taxable in New Zealand.  In this example the difference between the real building value $190,000 and the book value $105,000 is large, so there would be full depreciation recovery with no chance of reducing.  If the values are a lot closer, then there are a number of opportunities to reduce this.

How to reduce Building Depreciation Recovery

1) Make sure your accountant or the person calculating the recovery knows what they are doing.  I have recently seen an example where an accountancy firm showed a recovery of $16,700 approximately when the recovered amount should have been $5,600 maximum.  This is a difference of $11,100 taxable income, or at the 33% tax rate $3,663 extra tax paid for no reason. This is a great reason to use a real ‘property accountant’, someone who specialises in and understands property.

2) A starting point to establishing the building value is normally the rates valuation.  From the rates information, work out what percentage is building and then apply this to the sale figure (less deductions!).  If this figure is over your building book value, then there will be building depreciation recovery (presuming you have claimed building depreciation in the past).

3) If the rates figure and the book value are similar, you could look at writing a clause in the contract.  The parties agree the building value is $XXXXX.

a. Example – The building cost $125,000 and closing book value is now $105,000 so $20,000 building depreciation claimed.  The sale value is $300,000 and based on the rates valuation the building should be worth $112,500.  The parties could write a clause in the contract, “The parties agree that the building value is $105,000”.  As long as the two parties are not related, then this is the sale price.

b. You should not be too aggressive with this approach and the building value needs to ne reasonable.

4) Any legal fees for the sale will be claimable under the new legal fees deduction rules.

5) Any commission or other costs incurred for the sale need to be deducted from the sale price, before the building value is calculated.

6) If you are confident the building value is close to the closing book value, then you could obtain a registered valuation to prove this.  We frequently do this for clients, as the rating valuations are not always realistic or are out of date.  Recently a client saved over $20,000 in depreciation recovery, or over $7,000 in tax at the 33% tax rate, just by obtaining two valuations for less than a cost of $500.

Overall don’t just accept a depreciation recovery.  Think it over, “has my gain come through land or building?” and “has my building really decreased slightly in value”, justifying any previous depreciation claims and meaning there should be little or no depreciation recovery.

Coombe Smith are property accountants and property experts in Hamilton, who help the Waikato property community and are proud to have property clients throughout New Zealand and the World. Do you need a property accountant to help with your rental properties?

It's worth checking depreciation recovery

17th July 2013

On the weekend I reviewed another accountants financial statements for a rental property:

- property was purchased 2009
- fully furnished, so depreciation on furniture rented
- LTC

The accountant was a CA, who mainly did businesses.

The property was sold in the 2013 year.

I can’t remember the exact figures but here are some of the mistakes:

- TV purchased in 2009 for say $800.  Accountant sold out in 2013 for $900.  Realistically TV would be near worthless now!
- Beds and other furniture also sold for more than cost??
- Land and building sold for slightly more than cost, but all building depreciation recovered.  This could be correct, but more likely land increased and building probably hadn’t

Could have looked at clause in sale and purchase agreement, to reduce or eliminate building depreciation recovered.

Could have changed shareholding, so that non earning spouse received profit.

Overall, accountant showed around $5,000 tax to pay, when probably should be a loss.

If you are thinking about selling, or have recently sold a rental, I recommend checking how the depreciation recovered is calculated.  Many non property accountants get this wrong.

My blog on our website www.cswaikato.co.nz, also has a recent article on depreciation recovery.

Coombe Smith are property accountants and property experts in Hamilton, who help the Waikato property community and are proud to have property clients throughout New Zealand and the World. Do you need a property accountant to help with your rental properties?

 
 
 
 

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