Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
_NATS2020(Newbie)Newbie
7 Feb 2021

My clients, husband and wife, purchased a land and contracted to build a house on it. The land purchase was only in wife's name, but building contract had both husband's and wife's name. There were separate loans on the land and building, so I understand that the interest on the land loand is fully deductible in wife's name and the building loan is deductible under both their names.

However, how do I split the rental income and rental expenses? Do I have to go item by item to split land tax to wife, building repairs 50-50? Is there a common sense approach to just take 50/50 on all rental income and expenses?

In addition, when they sell the property in the future, how do I portion the capital gains? Do I technically have to get a separate valuation of the land at time of sale?

1,271 views
2 replies
1,271 views
2 replies

Most helpful response

Most helpful reply

_LouiseG(Enthusiast)Registered Tax Professional
7 Feb 2021

As the property is in the wife's name, all income and expenses will be her income/expense regardless of the fact that the building contract was in both names. She is the owner of the property. Without the husband purchasing half of the market value of the property from the wife (which would result in capital gains tax for her and potentially stamp duty (depending on your State) for him), the husband has no ownership interest in the property according to tax law.

All replies

Most helpful reply

_LouiseG(Enthusiast)Registered Tax Professional
7 Feb 2021

As the property is in the wife's name, all income and expenses will be her income/expense regardless of the fact that the building contract was in both names. She is the owner of the property. Without the husband purchasing half of the market value of the property from the wife (which would result in capital gains tax for her and potentially stamp duty (depending on your State) for him), the husband has no ownership interest in the property according to tax law.

Loading
Investment property - Split of rental expenses between land owner and building owner | ATO Community