New company for new purchase and Land Tax (NSW)

Discussion in 'Accounting & Tax' started by SmileSydney, 11th Jun, 2018.

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  1. SmileSydney

    SmileSydney Well-Known Member

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    Mrs and I own a few investment properties in NSW which now combined are over the land tax threshold. As such, we are paying a fair chunk of money to the NSW coffers (all good - roads, hospitals, schools costs money).

    We're considering our next purchase in commercial property in NSW ideally with upside potential (rezoning, light development, etc) and purchasing this under a company entity with 50/50 split b/w Mrs and I.

    I believe new Company will now receive a "new" land tax threshold. Can someone confirm this? I won't get some clawback from OSR for using a company ownership (even though we are the beneficial owners via our company shares)?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes in NSW a company gets a separate threshold to its shareholders as it is a separate legal person.

    Watch out for the aggregation provisions.
     
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  3. Paul@PAS

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

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    Correct. But many other issues. Final tax rate could be higher than if personally owned. Land tax us just one element

    Eg company gets no cgt discount. Shareholder will then b subject to final tax on company profits
     
  4. Trainee

    Trainee Well-Known Member

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    What do you mean, and is this really the best way to own the company shares?
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Probably not!