Let’s talk about tax.

Or more particularly let’s talk about the proposed Australian tax on under-utilised properties.

Now in New Zealand the big tax story is how Labour is planning to remove tax breaks from ‘speculators’.  Including the best headline ever – ‘Shelter is for people – not for tax‘. Great strap line. I can see the #shelterisforpeople hashtags and possible memes. And all because they are only planning to remove negative gearing.

Now negative gearing is a term used when losses – usually from interest – from renting out a property are deducted from other taxable income. Usually income from a day job. And this kinda is a standard feature of our tax system. All income is added together and then all deductions are offset and tax is paid on the balance. 

However with property a major form of income – capital gains  – is not included in the calculation. So this does give a degree of tax preference – or shelter – that ordinary businesses don’t get. Is it a loophole? Dunno. Not including capital gain definitely is a loophole. But really the only way interest should actually be allowed even with including capital gains  – is if they were taxed every year on an unrealised accrued basis. Now that would really be #shelterisforpeople.

And until that ever happens – no breath holding here – all that second order stuff like removing tax depreciation and negative gearing has a place. Such restrictions also probs still have merit with a realised capital gains tax as can be massive deferral benefits with that.  Remember how the retirement villages don’t ever sell?

And of course in all this #shelterisforpeople stuff around negative gearing there is no mention of the other real tax breaks of:

• imputed rents;

• no real form of capital gains tax or 

• no interest restrictions when capital gains are earned.

 And given the cr@p Labour is getting over this relatively mild proposal  – which will only move the tax system towards fairness a tiny bit – I can’t say I blame them. Working group I guess.

And into this mix comes the recent Australian proposals to tax ‘under-utilised’ housing of foreigners. The rhetoric behind it is to free up housing for Australians.  And I guess it comes off the reports of large scale empty properties in Sydney. Now recently I watched – with increasing horror – my son and his girlfriend both with incomes and references trying to find a flat in Manly.  So I am totes in support of that objective – so long as ‘Australians’ can be also read as bludging Kiwi students. Not entirely sure why it is targetted at foreigners though. Coz exactly why is the nationality of the landlord relevant when the problem is that a house is empty?

Now the actual plan is to impose the charge that is levied when foreigners get permission to buy property in the first place. AUD 5,000 for a property of less than AUD 1 mill and equivalently more thereafter. And much like the Inland Revenue restructure cleverer people than me will have come up with it; but here’s what I don’t get:

• One. If someone is rich enough to own property and not need to rent it out then don’t ya think they can cope with an extra 5-10k expenditure?

• Two. Collectability. Now I get that people will pay if it is the price of getting what they want. But how exactly is this going to be collected from people who have already got the right to buy a new property? And from foreigners who by definition don’t live in Australia much? How is this going to work exactly? There are collection clauses in some treaties but this won’t be a tax covered by them.

• Three. AUD 16.5 m over next three years collected. Really? All this for just $16.5 mill?

Now if this is a big problem such a corrective tax could be put into the mix. But then it needs to be:

•  A tax that is penal. So people look to change their behaviour;

• Applied to all under-utilised properties. Coz foreigners only is nuts; and

• Deemed income tax so collection clauses in treaties can be used.

Now there is no mention of an equivalent policy in the Labour stuff. Maybe under-utilised property isn’t a big problem in New Zealand? Even if Gareth does have six. But much like the Bank Levy – let’s not blindly follow the Australians. If we want one let’s make it work.

Andrea