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Economic weather report: Why NZ's tax system is broken and unfair

Posted in News

Watch on our video page here. Watch on YouTube here. Bernard Hickey delivers an economic weather report in association with BNZ on how New Zealand's tax system is broken and unfair. It needs reforming, which the Tax Working Group highlighted in its report this week. It's worth looking at how broken and unfair it has become, in particular how the tax burden is increasingly borne by income and corporate tax payers, particularly those on high incomes without children or the cleverness to avoid taxes through vehicles such as family trusts and LAQCs. Here's a few facts on the tax system.

* There was NZ$213 billion invested in residential rentals in 2008 and they generated losses for tax purposes of NZ$500 million. That reduced tax receipts by between NZ$150 million and NZ$200 million. * Losses reported to the IRD from Loss Attributing Qualifying Companies (LAQCs) more than tripled to NZ$2.258 billion in the 5 years to 2008. These vehicles are often used by professionals earning salaries to buy rental properties and offset the losses from these highly geared properties to reduce their regular taxable income. About NZ$800 million of those losses are directly related to rental property investments, the IRD estimates There's more detail on that here. * The amount of income declared by trustees of family trusts more than quintupled to NZ$10 billion between 2001 and 2008 as many wealthier New Zealanders set up family trusts to shelter assets there on a 33% rate so they didn't have to pay the 39% top personal tax rate introduced in 2000 (and since cut to 38%). There's more detail on that here. * Less than half of New Zealand's top 100 income earners actually pay the top personal income tax rate. * PAYE taxpayers without children who have not been clever enough to set up a family trust or LAQC that invests in rental property are paying massively high and unfair tax rates. The top 10% of PAYE taxpayers now pay a net 76% of tax, once the effects of various benefit payments and Working for Families are taken into account. * The percentage of taxpayers on the highest income tax rate of 38% has risen to 9% from 5% when the rate was imposed in 2000, and is expected to be over 25% within a couple of decades. * Taxpayers in New Zealand will pay more income tax on average than those on equivalent salaries in Australia until they get to a threshold of NZ$240,000. * New Zealand has the highest rate of graduates who are living and working overseas in the developed world. OECD figures show 24.2% of New Zealand-born graduates now work in other OECD countries. Here's the link to the research. It shows that there are 166,854 New Zealand born graduates working overseas. To show how much of an issue this is, Australia has 116,513 graduates working overseas and its overall population is 5 times larger than ours. Around 3% of Australian-born graduates work overseas.

62 Comments

But will fixing the tax

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But will fixing the tax system (and it will only be tinkered with) address the major cultural, political and economic issues we face?

Jeepers , dude ! We're

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Jeepers , dude ! We're only trying to fix the tax system , not gonna vote Obama into power , or something .

Hi BH, just wondering, the

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Hi BH, just wondering, the figure 213B invested in property is often quoted.
1. Is this equity?
2. If equity, what proportion is a notional capital gain (> half?) relative to actual tax paid cash invested
3. What is the outstanding borrowings on rental properties + interest being paid.
The 'fact' seems less meaningful without more contextual info... The depreciation claimed figure would also be useful to know - this is the loss which is easiest to distort/exaggerate - but of course claiming at an accelerated rate just reduces the ability to make future depreciation claims... so in time it becomes irrelevant and most of this gets paid back to govt anyway... its a temporary loan, arguably interest free (though stuff really does depreciate).

Roger Thompson, <blockquote> We’re only

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Roger Thompson,

We're only trying to fix the tax system

Good luck, but by itself that is as useful as re-arranging the deck chairs on the Titanic. I can't see much point in wasting time on it.

JC That NZ$213 billion is

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JC
That NZ$213 billion is the total value of the asset. We don't know exactly what the equity is, but I'd be surprised if it was less than 50%.

Buildings don't depreciate, otherwise we'd see house prices fall. If there's any maintenance, just claim it as an actual expense.
cheers
Bernard

PeterR: - Government has no

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PeterR:
- Government has no business messing with our cultural issues i.e. what did you learn from Helen Clark?
- MMP... can you think of a better political system?
- Major economic issues will be addressed if the Tax Working Group recommendations are implemented. Not solved. But its a start.

Like RT said, you want fairy dust and unicorns... move to USA.

Health, education, law and order. Additional meddling only creates more than offsetting unintended consequences. We are individually responsible for all other issues NZers face.

Current property tax does not

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Current property tax does not need reform. Click here to support http://www.facebook.com/group.php?gid=436468130186

Thanks BH, I think much

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Thanks BH,

I think much of that 213b is borrowed... and when you consider that probably half the rental stock was purchased before 2003, then the recent doubling in values distorts this number to appear large.. (I don't count my virtual gains until they are realised) ..so the amount that people feel they have invested could well be less than half this... and maybe not much different to the stock market... because most people don't borrow to invest in shares.

I guess what I am hinting at that is this 213b figure is always presented as if to suggest some sort of rort is going on... when it might actually be reasonable in the sense that a business which is capital intensive and requires large borrowings, will therefore produce a similar loss despite the value of the asset. Eg If you were a private power company building a hydro electric project like the Waitaki or Clyde dam today... you would probably be offsetting profits elsewhere against losses on such a project for a few years.

I think the real issue for productive growth is not only lower personal income tax but that you can only borrow money to buy property in NZ. Our company directors had to use their houses as collateral to get 100k overdraft. Have you tried to borrow money from a bank to develop a business (especially IT) .... without any property behind you?

Luke, I am taking the

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Luke,

I am taking the sensitivity I detect regards my comments as indicative of me having made valid points. Yes, a lot of effort has gone into debating tax reform in the expectation that re-arranging our tax system will allow our country to keep its credit fuelled standard of living.

But the tax debate was needed before the asset bubble horse bolted. That horse has long gone - we now have contracting credit and deflating asset values.

Those debating tax reform have been suckered into providing a smoke screen for the real issues of: Excessive and unservicable debt; A shrinking productive sector with relentlessly increasing cost structures and; Bloated government and service sectors.

Sensitivity? Yes. Frustration. Yes. Fighting

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Sensitivity? Yes. Frustration. Yes. Fighting the erg to write in caps. YES.

Again, fairy dust and unicorns is all I am hearing. What could possibly be your solution for "Excessive and unservicable debt; A shrinking productive sector with relentlessly increasing cost structures and; Bloated government and service sectors"?

The government cannot force private citizens to pay down their debts, nor should they. Or would you like to see an attempt to persuade them with tax-payer funded incentives? Like the current 10% repayment bonus on student loans. Any net benefit to society?

A shrinking productive sector... anything to do with the high tax burden?

Bloated government... same sh*t, different pile, the world over, since the dawn of time.

Bloated service sector... 10% interest rates would sort out this so-called inefficient use of resources, right?

Thanks to the political cycle where it is, we might actually see an improvement in our tax system and 'potentially' real benefits. We can get back to fairy dust and unicorns later.

Luke, You are starting to

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Luke,

You are starting to get it:

The government cannot force private citizens to pay down their debts, nor should they.

But we have a culture - government and population - that believes it that can and should.

We also have a culture where we believe the way to get ahead is through investment. Your $1 million if invested will grow into 2 million. And if your investment is a house $900,000 of that investment can be borrowed. Our government has the same culture of borrowing and investment. The service sector assists both to blow bubbles.

All based on neo-classical economics that believes it can defy physics and biology. To quote Wolfgang Kasper

Whilst there is entropy in the physical world, economic growth can be open-ended.

With that quote we have found an appropriate use for your fairy dust analogy.

Re Bernards comment.. "NZ$213 billion

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Re Bernards comment.. "NZ$213 billion is the total value of the asset. We don't know exactly what the equity is, but I'd be surprised if it was less than 50%.

On what basis do you believe purchasers of rental property in 2008 retain on average more than 50% equity in their property? From an investment perspective it doesn't make sense. Try closer to 20% tops.. before factoring in debt secured against equity in the primary home or other assets.

Re Bernards comment.. "Buildings don't depreciate, otherwise we'd see house prices fall."

Buildings do not have an infinite life, therefore they do depreciate. Which is why in most civilized countries for tax purposes buildings are depreciated.

House prices can and regularly do fall as a result of depreciation, which in turn can devalue neighboring properties and entire communities.

Other factors sustain or drive up value, such as supply and demand.. but the underlying value, particularly in older neighborhoods, is not necessarily the building but rather the location, zoning, lot size or simply the land itself.

I've read the recommendations and

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I've read the recommendations and a lot of commentary about the proposed tax changes.

PeterR's comment sums it up the best..

"it is as useful as re-arranging the deck chairs on the Titanic"

@John W: On the shallow

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@John W: On the shallow level the tax reforms make sense if the suggested ones happen. A Govn sets policy and direction which takes time to take effect and tweaks it as necessary...the biggest issue is this should have happened a decade ago...if not two. I dont think major, fast changes are good at a Govn level...small changes dont alienate/frighten ppl, or give the mischivious a chance to fool others to further theri own ends.

On a deeper level "All based on neo-classical economics that believes it can defy physics and biology. To quote Wolfgang Kasper" We are indeed wasting our ttme as the World is finite and we are up against the boundary...but as per "market forces" will sort it out it will, its going to hurt. Our Govns are choosing to do nothing because the problems are in the future (or were) and/or the voter wont stand sensible policies to curb the worst of the coming pain...too many ppl think their lifestyles can defy gravity...and they wont stand for a Govn that tells them it isnt so...just look at the calls for theGovn last year to cut tax on petrol when it got expensive...rather than changing the use of the fuel...ie move and live closer.

Personally a decade at most two from now I think we will find we look back at 2010 with great nostalga...because we will be in a world of pain...energy will be very expensive, probably rationed (power blackouts, limited petrol per week), many of the gadgets we have will be boxed out of sight...too expensive to run. Few cars....anyone trying to drive their "Aston Martin" around town will find themselves the centre of a riot, or shunned. The big TVs probably skipped... food will be plain and seasonal...our taxes will probably have doubled....unemployment past 15%...maybe 20%...culturally and socially we will have to change and fast.

There are some good pieces on youtube....on Cuba and what it went through in the 1990s, thats our future.

http://www.youtube.com/watch?v=CCiHpPkp3pU&NR=1

So yes its the Titanic syndrome....which is quite apt....the first class passengers had the chance to get into the lifeboats and refused they were too comfortable and believed themselves safe....the stowage class were held back at gun point...so the boats left 1/2 empty.

regards

Great reply steven. I was

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Great reply steven.
I was beginning to think I was alone in a world where no-one else saw the future unfolding in this way - if they thought about it at all.
This view should not make people despondent, just encourage them to remain flexible, plan differently and work towards an independence that is quite rewarding.
There are flaws with this response of course but external events will take time to flow through. Just depends how much time you have and what links to the future you want.

I have a complete lack

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I have a complete lack of faith in accuracy of the figures when such obvoius contridictions are made....

There was NZ$213 billion invested in residential rentals in 2008 and they generated losses for tax purposes of NZ$500 million.......

About NZ$800 million of those losses are directly related to rental property investments, the IRD estimates

So which is iit $500M or $800M .... pretty big diference in the first two so called facts on the tax system........ hard to take anything oin the article seriously after that IMHO

Cheers
Spaceman

Bernard - "These vehicles are

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Bernard - "These vehicles are often used by professionals earning salaries to buy rental properties and offset the losses from these highly geared properties to reduce their regular taxable income"

You can do the same thing with shares, it's just a lot harder (and a bit riskier!) to borrow the money. Property doesn't have a "tax advantage", it has a "borrowing advantage".
Most small businesses that borrow money will secure it against property to satisfy the banks. It's always been this way, and I don't think any amount of government regulation will make financial institutions keen to accept shares or businesses as security more than property.

"Buildings don't depreciate, otherwise we'd see house prices fall. If there's any maintenance, just claim it as an actual expense" - suits me fine, depreciation is an annoyingly complicated way of claiming an expense. But I think government likes it's smoothing effect on expense claims.
I recently had to re-roof a rental at a cost of $15,000. Current tax law requires that I add that to the building value and depreciate it, which means claiming the cost gradually over 50 years. In calculating that denying depreciation on buildings would generate an extra $1.3billion in tax, has the TWG taken in to consideration the effect of these expenses being claimed up front?

Also, regarding land tax or an RFRM tax - if a sector is already making tax losses how does taxing them more help that???

@bjr: "This view should not

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@bjr: "This view should not make people despondent, just encourage them to remain flexible, plan differently and work towards an independence that is quite rewarding."

One of the biggest things right now is to "remain flexible" IMHO...sit and watch the future unfold....most ppl in here probably have 1/2 or a 1/3rd of their lives left...so 20~40 years...20 years ago I didnt expect to be in NZ...or doing what I do now...things like pensions dont move across borders easily, yet we take them out for 40years...for my parents generation that didnt matter, for mine and my children it will IMHO...fixing a mortgage for 3 or 5 years is a huge lockdown....is that really wise? look at the costs to break it...

Peak oil is going to be interesting to watch....this elephant in the room is going to go "bush" and wreck things IMHO, not least of which is most Political Parties credibility. The only party Ive seen comment on it has been the Green's and they seem retisent/low key like its bad news and no one wants to deliver bad news. and the news is bad....sorry but your entire lifestyle goes down the tubes when Ghawar stops producing....(as much as from panic as loss of its 5mbpd production). Just how can National and Labour retain any credibilty once the obvious is obvious. Their claim that economic growth will lift all NZers out of poverty will look like the whitewash it is....so not only do I wonder what the world / NZ post-realisation of peak oil will look like but what the political landscape will look like.

regards

Oh and the best thing

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Oh and the best thing you can do for yourself is IMHO protect your income and assets...clear debt....Iraq might give us 10 years to do so....Im hoping and praying thats so because Im debt free (mortgage) then...

The greedies on the other hand will take bigger risks to sustain the income that had for the last 20 years thinking thats the now the norm, and in the mean time blame govns and others for their "deductions" and losses.

You cant beat an expotential curve....

regards

It wasn't exactly a million

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It wasn't exactly a million years ago that losses on a rental property were effectively ring-fenced. I remember listening to the budget speech that unlocked the gate but can't even recall which decade it was. (Much of the seventies are pretty hazy for me). The stated purpose was to encourage investment in rental property as the government was unwilling and/or unable to meet the demand at the time.
Investors have been exiting the market for some time now with most places being sold to owner occupiers. This process is going to accelerate in anticipation of the coming changes. Nobody (repeat, nobody) will be building new places with the intention of renting or selling to investors now that it has been decided that owning rental property is on a par with running a P-lab. As I write there are 490 rental properties on TradeMe for the North Shore, last year at this time there were over 1,000. A property that I had to offer a teaser rent to get a tenant for in 2008 I rented last week for the $180 a week more in 2 days.
Even if none of the suggested changes are implemented, undoing the looming rental shortage wrought by their anticipation will be like trying to put toothpaste back in the tube.
Plus ça change, plus c'est la même chose.

@pete: "The stated purpose was

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@pete: "The stated purpose was to encourage investment in rental property as the government was unwilling and/or unable to meet the demand at the time."

Did it work?

regards

@ stevie wonder Apparently it

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@ stevie wonder
Apparently it worked too well !

hugs

Rental losses, Not quite ring

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Rental losses, Not quite ring fencing, but deductions against other income stopped in late 80's early 90's as I was doing tax returns and dedn was limited to 10k per annum against other income.

Despite what Bernard repeats ad

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Despite what Bernard repeats ad nauseum, LAQC's do not provide any tax advantages over personal ownership or partnerships. Someone please show me if there are. Twelve years of property investing and I still haven't found them!

Trusts only reduce tax for those higher income earners who are not self employed, and they could achieve the same thing (better in fact) in a standard company structure anyway.

Less than half of New Zealand's top 100 income pay the top personal income tax rate because they derive their incoem from trusts or companies that do not pay the 38% rate.

If you want to crusade to reduce the top personal tax rate, fine. But why attack people who are trying to achieve financial wealth for themselves and their families within the law? Not only does it detract from what you're trying to achieve but you're undermining many people who have not even made it into the top income tax bracket!

"But why attack people who

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"But why attack people who are trying to achieve financial wealth for themselves and their families within the law?"

Lots of reasons Dave. Here are two. Malice and envy.

From my limited perspective ,

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From my limited perspective , the attack is squarely upon the rules of the game , not the players . .............. And in my instance , I relish attacking the lying thieving incompetent wastrals who constructed the scenario , the Labour Party , and Michael Cullen specifically . The envy was Cullen's . He abhorred business , and " rich pricks " .

"There was NZ$213 billion invested

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"There was NZ$213 billion invested in residential rentals in 2008", this ststement is misleading.

Just thought, the $19b benefit

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Just thought, the $19b benefit cost is the biggest waste for the country. BH, do you have any idea to fix that?

DS - the rise of

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DS - the rise of LAQCs does however show the extent to which there has been an increase in tax-motivated structuring. The mere existence of tax-motivated structuring should indicate there is a tax situation that should be changed...

Its clear to me that no-one's arguing that there isn't a tax benefit. All the arguments (spurious, IMHO) are one of:

- it would be unfair to take it away
- its necessary to make sure accomodation is provided at a reasonable cost
- it won't make a difference if you take it away, so don't.

My friends have invested in

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My friends have invested in housing only because of the tax breaks from LAQC's. Otherwise they would have not.

There are a lot of comments here that are incredibly insular, thinking the effects only hit them. Tax changes reprioritise for the country on the whole, more productive = more employment, more employment= less welfare cost. Let's think a few steps ahead and how you can benefit.

"As I write there are

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"As I write there are 490 rental properties on TradeMe for the North Shore, last year at this time there were over 1,000. A property that I had to offer a teaser rent to get a tenant for in 2008 I rented last week for the $180 a week more in 2 days."

This is to do with the increase in net migration that less departures to Oz had.

"LAQC's do not provide any tax advantages over personal ownership or partnerships. Someone please show me if there are. Twelve years of property investing and I still haven't found them!"

They allow a high income earner to isolate assets and attribute losses sorely to themselves. Especially where one partner is on low or no income.

"But why attack people who are trying to achieve financial wealth for themselves and their families within the law?"

Its about the rest of the tax paying public not making up the tax difference that the losses create and better use of this capital at a national level. I'm sure that most people have no problem with you acheiving this as long as they don't have to subsidise it.

Dave is correct, LAQC has

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Dave is correct, LAQC has no more advantage then personal ownership - infact LAQC can cost more in terms of compliance costs eg. company report, tax returns etc.. the only real advantage in LAQC is when transferring the asset to a trust structure - can be done without delay.

perhaps this will be covered

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perhaps this will be covered alsewhere, but what is actually wrong with the transaction tax jim anderton is talking about?
i can see 2 problems: 1/ taxing all transactions means more beaurocrats and 2/ jim anderton thinks its a good idea

but it does have a certain appeal in it's simplicity...

LAQCs allow a high income

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LAQCs allow a high income earner to isolate assets and attribute losses sorely to themselves. Especially where one partner is on low or no income.

Andy M Says: "LAQCs allow

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Andy M Says: "LAQCs allow a high income earner to isolate assets and attribute losses sorely to themselves. Especially where one partner is on low or no income".

One can do this without LAQc structure - just proportion the ownership in the property title - say 75% Mrs B and 25% Mr B

One can do this without

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One can do this without LAQc structure "“ just proportion the ownership in the property title "“ say 75% Mrs B and 25% Mr B

Difficult with a married couple as the IRD will look through that and say 50/50.
OK with a business partnership.

Jim Anderton , that well

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Jim Anderton , that well known collosus of the financial markets , is in fine company with his call for a transaction tax . Across the ditch , one of the great movers & shakers of Australian politics and Fish'nChip shops , Pauline Hanson , also screamed for a transaction tax . ................ . Jim & Pauline , ........ hmmmmmmm , now there's two people who deserve each other .

It is all very well

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It is all very well investigating tax reform, I agree with some of it and the end goal must be a flat tax rate.

However, I am still concerned with how the tax is spent - we have a health system / acc shelling out for sickness beneficiaries because they are addicted to drugs, a justice system that is so keen on having criminals back for more business, and a benefit system throwing money at "deadbeats" who just find it too easy to be unproductive, and people that don't save for retirement.

Tidy up this rubbish, then I'll be a little more keen on fixing the way the tax is collected.

IanC - "the rise of

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IanC - "the rise of LAQCs does however show the extent to which there has been an increase in tax-motivated structuring."

Andy_M - "They allow a high income earner to isolate assets and attribute losses sorely to themselves. Especially where one partner is on low or no income."

I could have bought properties in my own name or in a partnership and achieved exactly the same result tax-wise as within an LAQC and at less cost. The reason I'm using an LAQC is mainly because it's easier to transfer the assets to my family trust. This has absolutely nothing to do with LAQC's. Bernard is confusing the issue.

Andy_M - "Its about the rest of the tax paying public not making up the tax difference that the losses create and better use of this capital at a national level. I'm sure that most people have no problem with you acheiving this as long as they don't have to subsidise it."

Andy, higher income earners already subsidise all sorts of things, such as low income earners, beneficiaries, health, education, roading... etc etc. Not to mention low rents!! Many people who invest in property are already paying *far* more tax than most even after offsetting losses.

Also, how will this capital be redistributed? Please explain. Banks generally only lend to businesses when property is held as collateral!

"Andy, higher income earners already

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"Andy, higher income earners already subsidise all sorts of things, such as low income earners, beneficiaries, health, education, roading"¦ etc etc. Not to mention low rents!! Many people who invest in property are already paying *far* more tax than most even after offsetting losses."

Thats a different issue about government spending not distribution of the tax take.

"Many people who invest in property are already paying *far* more tax than most even after offsetting losses."

If this is true then they will pay less tax on their income and more on their "investment"

"I could have bought properties in my own name or in a partnership and achieved exactly the same result tax-wise as within an LAQC and at less cost. "

True, but if you were married and you tried to split the allocation of the losses with your wife other than 50/50, even though your ownership papers said 70/30 then IRD could view that as tax evasion and tax you 50/50 anyway.
Yes the transfer of assets is easier.

"Also, how will this capital be redistributed? Please explain. Banks generally only lend to businesses when property is held as collateral!"

Sure the banks require this, but the money will be used in productive enterprise ultimately.

Andy_M "True, but if you

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Andy_M

"True, but if you were married and you tried to split the allocation of the losses with your wife other than 50/50, even though your ownership papers said 70/30 then IRD could view that as tax evasion and tax you 50/50 anyway."

They *could* do lots of things, but in practice, if there's a valid reason for it and it's well documented, then they *shouldn't*. There are lots of husband and wife partnerships that operate on a basis other than 50/50. If it wasn't allowed, partnerships would be obsolete.

"Thats a different issue about government spending not distribution of the tax take."

It's about allocation of the tax burden, not Govt spending. Bernard is attempting to use LAQC's as a scapegoat, when his argument is demonstrably wrong.

"...but the money will be used in productive enterprise ultimately."

How? Most people would by default end up putting their money into managed funds as they have done for over 30 years. By default, most of these are at least 50% offshore investment. Do you see it going any other way?

I tend to think that

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I tend to think that NZ's tend to be too insular, not really understanding how the rest of the World handle their tax affairs.

1. NZ has got itself caught in a "tax and give" system because even the poorest have to pay tax on every single $ earned, they then have to go through the benefit system to have this returned. This creates costly increased officialdom, with the right hand taking and the left hand giving away to the same people, it takes away both dignity and hope. It is not the fault of those on benefits rather the mess the system has got itself into.

2. Most counties also have lower absolute tax levels than NZ larger because not all income is actually taxed, many have personal universal tax free allowances before any tax is payable. Having allowances enables a Government to increase these and in effect give any tax reduction across the whole tax paying population. It decrease compliance costs and removes many form the tax system. A personal universal tax free allowance would also act as a backstop to the minimum wage effectively increasing it at a stroke.

3. Very few Governments would consider it politically realistic to heap any tax cut on the highest tax payer group, this is simply enriching the few at the cost of the many and is socially divisive and political suicide. It rests on the view that any tax cut to them will cause a almost mystically conversion so they start not looking for the means to decrease their tax bill.

4.The Government says we do not save enough preferring to put money into rental property and other "naughty things", that they really want us to save our money and not spend it on buying houses or imported goods. But what do they do to encourage us to actually save? Absolutely nothing, savings are taxed at the highest marginal rate so where is the encouragement to save for the anybody?. Cut tax on savings to 5% or better yet 0% and then see the effect.

DS - think of it

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DS - think of it this way, and correct me if I am wrong:

- a trust is the best way to hold a tax-paying rental property
- an LAQC is, assuming you plan to eventually transfer it to a trust, the best way to hold a tax-refunding rental property.

A rise in LAQCs is indicative of a rise in negatively geared properties. Negative gearing is a tax-motivated investment decision. Without the tax refund, they are a poor decision (mostly), and my original comment stands.

@Foreigner Wondered about your first

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@Foreigner

Wondered about your first and second points for a while.
Isn't this the point of tax bandings in the system we already have?
Just 'widen' the bands, e.g pay 38% above a higher income level.

I'm begining to think that the tools exist (maybe 'inherited' from other countries), but they don't seem to be used.
e.g. Capital gains on investment property does exist but .....

Ian_C "A rise in LAQCs

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Ian_C

"A rise in LAQCs is indicative of a rise in negatively geared properties. Negative gearing is a tax-motivated investment decision. Without the tax refund, they are a poor decision (mostly), and my original comment stands."

Yes and No.

- We all know that the number of negatively geared property investments has risen.
- This is due to a change in lending criteria that allowed greater debt levels than before.
- The rise has nothing at all to do with LAQC's, they have merely become fashionable.
- Without LAQC's an investor would have achieved the same tax result in their personal name or a partnership.

So you see, the focus on LAQC's is irrelevant. It would have happened anyway. You could go back in time, ban all LAQC's from 1999 and it wouldn't change a thing. That's why I'm saying that Bernard is misleading in his reporting. LAQC's are not and never have been the source of the problem.

It's like blaming "Honda" for more car crashes because there are more Hondas on the road. Crazy!

People don't seem to understand

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People don't seem to understand that LAQC's provide limited liability which is just as important if not more so then the ability to offset losses (which can be done in a partnership or sole trader structure).

@KW The point I make

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@KW

The point I make is not really about tax banding which most/all countries have but rather the fact that so many other countries if not all have a universal tax free allowance BEFORE the banding system starts to be applied.

The system here gives no tax free amounts before tax is applied thus income of $ 10 per annum generates a tax bill of $12.50.

Indeed as you say the tools exit but don't seem to be used. EXACTLY my point, NZ has the ideal chance to look at the rest of the World to take the best they have already tried.

But above all remember the all tax systems have to be simple to understand, cost efficient to administer, and not only fair but more importantly seen to be fair.

Income $100 per annum gives

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Income $100 per annum gives tax of $12.50 ........SORRY typo

DS you have a very

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DS you have a very valid point w.r.t. what people believe they are seeing in a relationship in gain in LAQCs and gain in negatively geared property investments.

I'm studying statistics at the moment, and know how risky it would be to make that connection.

There are many reasons why people own an investment property, e.g:
* cheap credit
* prefer property as they are directly responsible for maintaining it (they have the skills)
* rightly or wrongly scared of other investments (e.g. shares, finance companies, managed funds, etc.)
* prefer not to own assets that involve a middle man management fee (e.g. managed funds)
* it is a physical asset they can see (daily if they like!).
* years down the track they may want to downsize and move in to it
* years down the track it may be suitable for their kids studying at uni etc.
* they want to include property in their portfolio (they may own other investments).
* property is perceived as a safe investment

Removal of LAQCs would not make an ounce of difference to the above points.

...and yes a few people should have a read up on the benefits of a company structure!

@Foreigner Personal allowances - yup

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@Foreigner

Personal allowances - yup

Joint income splitting is/used to be another popular way of 'targetting/favouring' a particular group. I think Peter Dunne has pushed for this (historians correct me if I'm wrong). Maybe its too mired in the messenger rather than the message.

This would use the tax system rather than another bureaucracy. Maybe its cheaper?

None of this is new - and maybe therefore not newsworthy enough.
After all "30% top tax rate" sounds so much better than "Tax banding change".

I really am beginning to think we just don't have enough to go round in NZ.

The in-fighting is a symptom of us "disappearing up our own (collective) bottoms" - to put it politely (Steptoe Steps said this one too!).
Collective "death by 4 million bites".

The other thought that keeps occurring is that somewhere along the line someone decided that its 'better to have lots of us being paid to do part of a job rather than one of us doing the job properly' i.e. pointless division of labour per se, rather than for the sake of specialisation.

I'm for W Kunz grand vision!

Sam Smith - not sure

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Sam Smith - not sure what you're trying to prove? You are right, so presumably ok with taking away LAQCs as unneeded? Will people own the properties directly? Possibly. Would be interesting to see the outcome.

For what its worth, the Tax Working Group's report also identified the loss of tax paid through trusts allocating income. There is a significant jump in aggregate taxable income paid to the income band at $60k.

IainC, while "it may be

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IainC, while "it may be interesting" to see if removing/altering rules for LAQCs would have an effect on negative gearing / property ownership etc, it would also be costly in implementing and on an ongoing basis (administration) - especially if it does not achieve the intended result.

I guess what I was saying above is, there are many reasons why people buy properties, tax benefits are not the only reason.

@Dave Smyth: "why attack people

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@Dave Smyth: "why attack people who are trying to achieve financial wealth for themselves and their families within the law?"

because there is un-healthy bias towards housing investment, so therefore change the law, ie its a Govn's job to set the direction of the Nation....its not the Govn's job to see individuals rich at the expense of others or the well being/wealth of our country.

Further in any aspect of business there is a risk, one of those risks is that the Govn will change the rules...if you have "some" wealth, then in future it needs to invested differently....indeed given how over-valued housing looks (100%+) that may not be that bad.

regards

Steven, You're still assuming that

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Steven,

You're still assuming that investors actually pushed prices up beyond where they would have gone anyway, which I don't believe they did. Investors are over-represented in mortgagee sales and I know many who have sold-down or got out entirely.

Where are house prices now? The highest since 2007. It's sure not investors holding them up!

Dave, go outside and tell

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Dave, go outside and tell that to a brick wall. The effect will be about the same.

Pete - just fighting the

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Pete - just fighting the good fight! :)

Rental properties available on the

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Rental properties available on the Shore still dropping by the hour. Now down to 465 the lowest I have ever seen it.

I think we're likely to

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I think we're likely to see some panic selling by investors who are highly leveraged with all the talk of tax changes.

"An ASB Bank investment banker

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"An ASB Bank investment banker has indicated that he will plead guilty to fraud charges involving nearly $18 million"

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10622338

and yet people still wonder why owning property is so popular....

As I see it there

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As I see it there is nothing wrong with purchasing & owning rental properties as long as you are not buying a house that someone could buy to live in. If there was sufficient supply of houses that everybody who wanted to buy at a reasonable price could and those that didn't rented, then you would not see the attacks on landlords that currently exist (or they wouldn't be as strong). The rental market would reflect a proper investment market with true levels of rental demand, not one overinflated by people wanting to buy their own house.

Landlords being the marginal buyer keep up demand at the lower end of the market through tax breaks that owner occupiers do not have. In effect landlords create demand for their product by restricting supply at a lower price. If you wanted to see this effect writ large, give owner occupiers the ability to deduct the same expenses as landlords, then watch house prices go.

@Andy M "As I see

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@Andy M

"As I see it there is nothing wrong with purchasing & owning rental properties as long as you are not buying a house that someone could buy to live in."

SO what are you buying then? firewood/land, somewhere for the dogs possibly

Or is the prospective renter of such a lowly social status that...

"give owner occupiers the ability

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"give owner occupiers the ability to deduct the same expenses as landlords, then watch house prices go."

Unfortunately that is called tax evasion.

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