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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5777
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Hi, I live in Australia and want to buy an investment property.

Customer Question

Hi, I live in Australia and want to buy an investment property. Not sure how to work out the title for tax purposes. Was wondering if it was better to be Tenants in Common and if this was the case, can you have a sliding scale each year with the percentages? I myself earn $30,000 a year and my partner earns $65,000 a year. If our figures are correct we hopefully should be positively gearing the property
Submitted: 4 years ago.
Category: Australia Law
Expert:  Daniel replied 4 years ago.

Such tax is only paid on capital gains tax after the sale of the home.

It has no bearing on your income, just the sale of the home, sale price.

Thus tenants in common / joint tenants = not a factor.

Please accept.
Customer: replied 4 years ago.

Sorry, I think I have confused you. Depending how the house is set up will depend who can claim the positive/negative gearing. If we own it say 80%/20% then you do your tax return accordingly. The question I wanted to know is that if its tenants in common, can you do a sliding scale each year to change the percentage for tax return purposes.

Expert:  Wendy-Mod replied 4 years ago.

I’m Wendy, and I’m moderator for this Legal topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I was checking to see if you had already found your answer or if you still needing assistance from another one of the professionals?

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Customer: replied 4 years ago.

Hi Wendy,


I haven't found an answer yet but the house we were going to buy has fallen through so don't need to find out right this minute. so will leave it for now.