第二套房给父母住算投资房吗？

notwinter

有一套自住房，想买第2套给爸爸妈妈住，想问下是不是只能有一个自住房，其它的都算投资房？
如果免费给自己爸爸妈妈住也要算投资房吗？ 请教各位高手。

兔兔狗

名义上收钱还能退税啊(monkey08)

shydaphne

房子写爸妈名字呢？

notwinter

  因为父母移民过来也拿不到政府福利，其实都是我养活，对这方面的法律不了解。

实在不行卖了现在的这个，买个大点儿的全家一起住。

notwinter

写爸妈的名字不知道能不能贷下来款？

mxgong

房子在你的名下，因为你名下已经有一套房子了，所以另一套一定是投资房， 只要你年底不用这房子退税的话，你也不要申报房租。 当然本来也就是给父母住，没有房租。当你卖房子的时候，你这个房子要交CGT。

如果房子在你父母名下，可以做海外收入贷款啊，你每个月还贷就行了。那么这房子在你父母名下，由于你父母名下只有一套房子，那么算自住房，不算投资房，以后要卖， 没有CGT。


这样说吧， 如果你不拿投资房作为退税的话，实际上投资房和自住房都一样，只有卖的时候，投资房的要交CGT。

ATO 没有说过，投资房一定要出租。不出租当然可以。 或者给别人住不收租金也可以，只要你不退税

你的 明白了？

(paopaobing(47)) (paopaobing(47))

[ 本帖最后由 mxgong 于 2012-8-17 12:57 编辑 ]

cycwong21

If your parents don't have income, I don't think you can borrow money for that 2nd property.

If you let your parents stay for free in that 2nd property you own, then you can not claim any tax deduction for all expenses.

Only you rent out the property at market value, then you can claim tax deuction for all expenses relating to that property.

If you choose to let your parents stay in that 2nd property for free, and intend not to claim any tax deuction for the expenses. You should start to keep all expenses tax receipts/invoices every year until you sell your 2nd property, such as annual council rate statement, insurance, land tax, owners corporation fees etc. All these expenses can reduce your capital gains tax in future.

From ATO:

Non-rental investment properties

If you have an investment property that is not rented or available for rent - such as a holiday home, hobby farm, or another dwelling you choose not to rent:

the property is subject to capital gains tax in the same way as a rental property
you generally can't claim income tax deductions for the costs of owning the property because it doesn't generate rental income
you may be able to include your costs of ownership in the property's cost base, which can reduce your capital gains tax liability when you sell it.

notwinter

  大侠，太感谢了！

notwinter

好具体呀，多谢拉！

cycwong21

"如果房子在你父母名下，可以做海外收入贷款啊"

Can not, ATO will audit LZ's parents' overseas assets.

I had a friend who was audited by ATO becasue the bank staff (this bank generally services Asian people here) introduced her to have "海外收入贷款" for her investment property.

notwinter

那看来还是把第一套offset里的钱拿出来，买一个不贵的房子，写父母的名字，一次性付完款。这样可以么？这样爸妈住自己的房子，我还贷款，应该不会有什么问题了吧。

mxgong

原帖由 cycwong21 于 2012-8-17 13:39 发表
"如果房子在你父母名下，可以做海外收入贷款啊"

Can not, ATO will audit LZ's parents' overseas assets.

I had a friend who was audited by ATO becasue the bank staff (this bank generally services Asian peo ...

这个ATO 未必能查的清楚国内固定资产了，楼主父母不是澳洲国籍。

说国内我名下无房产。。ATO 咋查？

如果钱在国内四大银行里面应该ATO 也无权直接在银行拿到存款数据。其他外资银行就难说了。估计有什么协议。

[ 本帖最后由 mxgong 于 2012-8-17 16:51 编辑 ]

medacctmed

mark一下。。。。。。

auguest

写你的名字 算投资房 完全可以租给父母

Linda-奔跑中

cycwong21 发表于 2012-8-17 13:39
"如果房子在你父母名下，可以做海外收入贷款啊"

Can not, ATO will audit LZ's parents' overseas assets. ...

难道是那个 H 开头的银行。。。

cycwong21

Linda-奔跑中 发表于 2012-8-19 19:25
难道是那个 H 开头的银行。。。

自個兒領會吧！

cycwong21

mxgong 发表于 2012-8-17 16:50
这个ATO 未必能查的清楚国内固定资产了，楼主父母不是澳洲国籍。

说国内我名下无房产。。ATO 咋查？

It depended how LZ filled up information with Australian Immigration Department at the time when he/she applied parents coming to Australia.

Information shared by government departments are more closely than ever before.

Immigration->ATO->Centrelink->SRO....

Australian government is the one of best financial information collectors in the world.

I had a friend having a bank account in HK for so many years. She has never brought in these money to Australia. The money was left over from her parents after passing away. Every time she goes back HK spending money from that bank account. She thought ATO would never know. Two years ago, she received a letter from ATO asking her whether she has reported her foreign interest income & assets from that bank account. She was totally shocked.

Since HK was returned to China, Australian Government had no longer had a right to share information with HK Government. Because China Government did not sign up double treaty with Australian Government. So, how ATO found out her foreign assets? Using your brain to think.....

acesoft

不错的帖子 mark

xlin8703

cycwong21 发表于 2012-8-19 20:40
It depended how LZ filled up information with Australian Immigration Department at the time when h ...

。。。。how?Unless she has once paid off her credit cards with $$ in her HK account?

cycwong21

xlin8703 发表于 2012-8-19 21:25
。。。。how?Unless she has once paid off her credit cards with $$ in her HK account?

No!

wcsydney2000

cycwong21 发表于 2012-8-19 21:35
No!

Good topic,mark,waiting for further detail

cycwong21

notwinter 发表于 2012-8-17 15:35
那看来还是把第一套offset里的钱拿出来，买一个不贵的房子，写父母的名字，一次性付完款。这样可以么？这样 ...

You could do that. However, bare in mind, ATO will randomly audit people whoever paid off their new purchasing property at once.

Possible Solution:

Talk to the bank, open a bank overdraft account (say overdraft facility: $200K) under your parents' name against the new purchasing property. When bank presented documents into SRO, it would show this property titile was held by bank. Whether you need to pay interest expenses depended on how much you take money out from this bank overdraft acccount. If you don't take money out from that bank overdraft account, you don't have to pay interest expenses, maybe pay some annual bank fees only.

It's only general advice, not a professional advice. Don't blame on me if something goes wrong. The above example I heard from someone who had similar experience.

Another thing you would have to consider whether you place the property under your parents' name:

1. Do you have any other brother and sister? If you had, you would be better placing the property name under your own name; to be avoid of future family feud.
2. If your parents passed away, you and your brother & sister could share your parents' assets, even though your brother and sister are not Australian residents.
3. Even though, your parents have left a will saying to give this property to you, your parents' will may be challenged by your borther and sister especially if they don't have better financial position than you. They most probably will win the case.

Other general advice:

Anyone who has owned a property with bank loan or/and has huge assets, it would be better to set up a will asap. Don't let traditional Chinese thinking to hold you up. If there's a will, family members can inherite assets faster (possibly without any family feud) and pay less legal expenses. It could also stop outsiders (such as other brothers & sisters, uncle or aunts) to grab some money from your wife and children.

cycwong21

wcsydney2000 发表于 2012-8-19 22:23
Good topic,mark,waiting for further detail

She has no closed friends or family in HK, so that she asked the bank to send all bank information or statements to her Australian address. Therefore, she was caught up.

Few years ago, ATO invited all oversea banks which had business connections with Australian financial insitutions voluntarily disclsoing foreign assets owned by Australian residents.

If Australian residents who used their Australian passport or Australian address or gave any Australian link information to oversea banks for opening bank accounts, oversea banks generally corporated with Australian Government, and reported all these suspious accounts possibly held by Australian residents to OZ government.

notwinter

cycwong21 发表于 2012-8-20 00:10
You could do that. However, bare in mind, ATO will randomly audit people whoever paid off their ne ...

哦，谢谢你的建议:)

mxgong

cycwong21 发表于 2012-8-20 00:23
She has no closed friends or family in HK, so that she asked the bank to send all bank information ...

你这个CASE 是成立的。

但是像我上面的帖子所述。

大多人父母都在大陆的话，帐号大多都是在国内四大，本地，或者国内一些大的商业银行，比如招商等。

我很难想象ATO 是否有这个权利跟国内四大能交换信息。

所以国内父母的ASSET， ATO 未必能知道。

cycwong21

mxgong 发表于 2012-8-20 12:56
你这个CASE 是成立的。

但是像我上面的帖子所述。

As per my understanding, China banks are conservative at this point. However, they also keep some friendly open door with OZ government.  Because they can not be avoid of having business connections with Australia.

cycwong21

notwinter 发表于 2012-8-17 12:36
因为父母移民过来也拿不到政府福利，其实都是我养活，对这方面的法律不了解。

实在不行卖了现在的 ...

All people are staying together, LZ must take a deep consideration. How many marriages are broken because of parents-in-law moving in?

mxgong

晕，打中文很累吗？

。

mxgong

cycwong21 发表于 2012-8-20 18:15
As per my understanding, China banks are conservative at this point. However, they also keep some  ...

这么说就没啥意思了。呵呵

为了做生意而答应ATO 查帐？

你还真当国内政府在原始社会了。

现在是澳洲要跟中国做生意，不是中国懒了澳洲做生意。

你要说反过来，澳洲政府帮组中国政府查贪官的帐，还情有可原。

为了普通老百姓用外交手段。。浪费啊。万一查不出什么呢。呵呵

cycwong21

mxgong 发表于 2012-8-20 19:22
这么说就没啥意思了。呵呵

为了做生意而答应ATO 查帐？

First of all, the relationship is not between China Government and OZ Government.

It's a relationship between OZ government and banks from all over the world.

It's voluntary disclosure, it's not complusory.

However, from my friend's case, you can see how banks are corporating with OZ government.