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Jayko(Newbie)Newbie
25 Aug 2023

So I recently received my notice of assessment and found I received a return on my tax. But I feel it's been miscalculated...?


I'll try to be brief:


My wife and I lodged togather and have an investment property. Due to constant rate increases, we did not receive enough rent to cover the expenses; in fact we were at a total $20k loss.


The loss was divided between my spouse and myself. ($10k each)


Now, the income I received from my work totalled $109k less $10k from the property which brought my total income to $99k.


My spouse only received $85k less $10k bringing her total income to $75k.


According to the ATO website, MLS is calculated according to different thresholds. Given that both my spouse's and my income totalled $174k, I believe we fell in the "Base Tier" (under $180k Family Threshold). This Tier charges no MLS, yet both my spouse and I were charged 1%.


I called the ATO at least 30 times over the past 3 weeks, but they claim to have reached peak call numbers every time I call and can't get through. So I can't get any assistance.


Does anyone know the answer?


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7 replies
1,151 views
7 replies

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Most helpful reply

EdenATO(Community Support)Community Support
25 Aug 2023

Hello there @Jayko,


For Medicare Levy surcharge purposes your income includes:

  • Taxable income
  • Reportable fringe benefits
  • Total net investment losses
  • Reportable super contributions
  • Your spouses share of net income of a trust
  • Exempt foreign employment income


Your math is sound but, they have counted the net rental property loss. This info and more can be found on our Medicare levy surcharge income, thresholds and rates webpage.

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Most helpful reply

EdenATO(Community Support)Community Support
25 Aug 2023

Hello there @Jayko,


For Medicare Levy surcharge purposes your income includes:

  • Taxable income
  • Reportable fringe benefits
  • Total net investment losses
  • Reportable super contributions
  • Your spouses share of net income of a trust
  • Exempt foreign employment income


Your math is sound but, they have counted the net rental property loss. This info and more can be found on our Medicare levy surcharge income, thresholds and rates webpage.

Jayko(Newbie)Newbie
25 Aug 2023

Thank you for the resolve Eden.


Does this in wrong, or have I missed something.


I have read all the information regarding MLS including the link you provided. I don't know what's happened?


Do losses count toward your total income?

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