I objected to the Land Value and they agree they were ripping me off !

Discussion in 'Accounting & Tax' started by Arcticfire, 16th May, 2017.

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  1. Arcticfire

    Arcticfire Well-Known Member

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    Good news today - got a email today after I objected to a land valuation at a IP in Sydney I have and they have reduced the land value by 16% !

    Goes to show - never except there valuation as a done deal - always check the com-parables they used

    I assume that this now means a refund on the land tax I have paid and a reduction in council rates

    PS - they didn't exactly use the terms "we were ripping you off " in there email
     
  2. Phar Lap

    Phar Lap Well-Known Member

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    Have you told your lender?

    :D
     
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  3. Rob G

    Rob G Well-Known Member

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    Any refunds will be assessable income to the extent you have claimed deductions in the past.
     
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  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Land valuation should not affect a lender valuation. Unimproved land value and property value are not related.

    Good pickup Rob...Requiring an amendment of the prior year not a assessable adjustment in the present year
     
  5. Rob G

    Rob G Well-Known Member

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    My understanding is assessable income in the year recouped (refunded), s.20-30.

    i.e. no amending prior year assessments, which I also understand to be no limitation by amendment period :(
     
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  6. Arcticfire

    Arcticfire Well-Known Member

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    Ok i'm a little confused now - Do I still pop open the champagne bottle tonight or not ?
     
  7. Rob G

    Rob G Well-Known Member

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    Any refunds of land tax from years when you claimed deductions as an IP expense will be assessed.

    This means income tax on the refund.

    Maybe choose a more modest brand of champagne.
     
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  8. Arcticfire

    Arcticfire Well-Known Member

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    So I have to pay tax on my refund - *******s !

    I still get a refund on my council rates right ?
     
  9. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Bizarre that arrears of land tax are deductible only by amendment and limited to amendment periods but the assessable recoupments rule applies contrary.

    The drafting of tax law requires a degree in *******ry
     
  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Depends on state law....Does it have a non-amendment period ?
    ie My *******ry rule may apply ? I have seen valuations allowed on objection and the OSR refused to amend as it was out of time....OSR generally do amend not sure about councils
     
  11. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    And NSW uses a three year average so the valuation change for land tax will be smoothed.

    Champers may not be in the budget
     
  12. Arcticfire

    Arcticfire Well-Known Member

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    I'll give the OSR a call and see what exactly happens now - i'll keep everyone posted
     
  13. Rob G

    Rob G Well-Known Member

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    Same deal.

    If deducted in a prior year then any recoupment/refund is assessable for income tax.

    You can deduct the costs of amending your prior year state and council land tax/rates assessments. e.g. travel, phone calls, home office hours.