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Did you keep your house ?


georgegeorgia

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47 minutes ago, 4MyEgo said:

I rented it out on a 12 month lease and sold it 6 months after I arrived here before my residency status for tax purposes changed. I also paid no capital gains tax on that short period.

 

You really have to spend more time on tax laws in Australia and less time on Asean Now if your looking to make the move here, it will save you tens if not hundreds of thousands of $'s in the future.

 

Tax payable is 32c for every $ earned from the very 1st $ you make, there will be no tax threshold, usually the first $18,200 last time I checked which was yonks ago, as your residency status for tax purposes will change after you are out of the country for over 183 days, whether you like it or not.

 

On top of this you will have agents commission to pay, insurance, council and water rates, if strata title, levies and any special levies if required, repairs and maintenance, insurance against tenants causing damage or defaulting rental payments, so you would be lucky to get 50%, but wait, there's more, you cannot off-set your losses on an annual basis (negative gearing) because you are no longer a resident for tax purposes, you can off-set those losses against the future capital gains tax when you sell up, but wait, there's more, not before you pay a whopping 42% (highest tax rate) capital gain tax from the date you purchased the property, yes, the date you purchased it, not the date you left Australia as it used to be. 

 

The changes took place in 2019/2020 and if you think you can retain your Australian residency if you live overseas, that is all BS by twisted expats who think they know more than the legislation and professionals in their field of accounting, so talk to your accountant to see if I am spinning a yarn, this will be your wake up call before you decide to keep it and rent it out, in other words, the Australian government doesn't want you to have your cake and eat it too unless your prepared to pay for it as a foreign resident, remember you residency status changes once you move which is out of the country for 183 days in any financial year, and making a trip back for a month or so to empty your post office box or visit the club that your a member of and to start the car you own so it doesn't clog up, doesn't work, ask your accountant.

 

Not unless your prepared to pay all the taxes associated with keeping it, especially when you sell it.

 

Every country has different tax laws, and as I came from Australia, as I mentioned, I did my due diligence and kept an ear out on the talk of a bill to go before the senate regarding CGT from the date you purchased the property is a foreign resident, and not 3 months later it went to the senate and I exited the market as quick as it took for me to get a contract to my agent and get it on the market, so I avoided all the BS. 

 

You do need your assets back in the west, stocks in Australia are tax free providing they are fully franked and there is no capital gains tax payable when selling them and banks, well if you do get any interest you pay 10% on the interest, so if you made $100 you would pay $10 as a non resident.

 

All of the above said, you can avoid the capital gains tax if you live in Australia for more than 183 days in any financial year and don't rent out your property, or you rent it out and move back into it, for example, 10 year in Thailand/Philippines, then 10 years in Australia to balance it out, but then it will depend on how much it was worth when you left and how much it was worth when you moved back in and how much it was worth when you sold up, all too difficult, so best to sell up and have your money invested into tax free stocks paying dividends that hopefully appreciate in time as real estate does and of course avoid paying any capital gains tax as a non resident.

 

A lot to take in GeorgeGeorgia, but do your home work properly spending less time here and talking to a qualified accountant will get you started. I did that, I also researched and spend loads of time on the net and going through information on the ATO's website.

 

I have no regrets selling up, yes the market has gone up, but I have also made money on stocks, I don't have a fall back position e.g. house back in Oz, but I do have cash readily available and my stocks, so if I had to up and go tomorrow, the world is my oyster.

 

There you go, all of the above which took me months to find out, you have at your disposal, talk to an accountant, check out the ATO's website, research the web, check and double check, then make the decision, just remember when your residency status changes, you will also have no voting rights, and your Medicare will eventually go out the window as a non resident, so private hospital cover or public hospitals will be a choice you will have to make because the cut off point for most private health insurers is 60, some at 64 and without "paying expensive premiums" I can guarantee you public hospitals, which in my opinion are not up to Australian standards, from my experience.

 

Good luck entering your new oyster.

How about letting a trusted sibling "buy" it with the understanding that it would be to "rent" if one had to go back? My sister is into renting houses, and had I "sold" it to her before I left my partner, I'd still be able to live in it now. In the meantime any profits from renting it would have been hers.

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2 minutes ago, Fat is a type of crazy said:

If I do retire in Thailand I plan to keep property in Australia. Residency is important to me as I'll get a superannuation pension for life from my employer which if taxed as a non resident would be a big issue. Might have to do half Thailand and half Australia. 

Property can be a bit painful. In the last 24 hours a tenant left and put the keys in the letterbox when late on rent. Had bond so no big deal.

My ex Thai wife lives nearby and had a look and he's left it fully furnished with fairly new washing machine, fridge, tv and nice furniture and bed. Even nice pots and pans. So good outcome and I'll rent it furnished. Kind of irrelevant to this topic but  it can be difficult to control rentals from overseas I should think. 

That's what rental agencies are for.

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Sold everything. I didn't have a house anymore, lost it in a flood, didn't have flood insurance since I was not in a flood area. (long story). I had a construction company and a cabinet shop. Sold all the tools-- I really miss them. I have a friend here who keeps his house, makes good money off it renting as a vacation rental. When he wants to return for vacation, he just calls the manager and puts the rental on hold.

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5 hours ago, georgegeorgia said:

For those of you have perm retired to Asia,

 

What about your home in farangland , did you keep it, did you decide to sell up and keep no assets where you came from,or do you perhaps rent it out ?

 

I am making decisions that when I retire I may keep my house in Australia until about 70 then if I decide to permanently live in Asia whether that be Thailand or Phillipines then I will sell it.

Yes kept our home & it tripled in worth

 

For you I would highly recommend keeping it & like you said when you get closer to expiration date then you can sell & likely do fine.

 

Those who sold to retire early had their cake early & now have to live with that decision

 

Truthfully for young folks there is never a absolute good reason to sell when they could easily leverage it & let someone else pay it off

 

 

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48 minutes ago, meechai said:

Yes kept our home & it tripled in worth

 

For you I would highly recommend keeping it & like you said when you get closer to expiration date then you can sell & likely do fine.

 

Those who sold to retire early had their cake early & now have to live with that decision

 

Truthfully for young folks there is never a absolute good reason to sell when they could easily leverage it & let someone else pay it off

 

 

I paid $54k USD in 1991. Today it's worth $275k and nets me well over $1k monthly. I'm a happy camper.

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I sold my house and most assets in Australia before moving here. I contemplated renting out my house , but as it was an older rural property I deemed it unsuitable for tenants. The house was old and required constant upkeep. Even using a property manager I could see that keeping the house was going to be a constant source of stress.

I am fortunate enough to have a decent cash fallback - so if I had to leave LOS I have a safety net. My house and farmland here is in my wifes' name - so if the sh#t hits the fan that is gone - but my cars are in my name - so I could recoup money there.

Great information in post by 4MyEgo ????

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I have kept my US home, I don't think our  situation in Thailand  is stable enough to put all my eggs in one basket, The biggest part of my concern is the ability to maintain health insurance in Thailand as I reach my seventies, and preexisting conditions coverage. Secondary concern are immigration issues. 

 But in April we are going to Greece, where I qualify for citizenship, and I have been told that I can buy into their national health  insurance system at a reasonable cost, If that is the case, then the logistics of maintaining three homes will become too much for me and we will have to make a decision to if we will sell the Thai home , or the US home.

I am of the opinion that we will sell the US home since the need to ever return will be negated by the Greek citizenship and  Medical coverage without preexisting conditions exclusions. We will get a lot more money out of the US home, And the logistics of maintaining a home in the US are more difficult than Maintaining one in Thailand. 

Edited by sirineou
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5 hours ago, EVENKEEL said:

If repairs are needed they come out of the rent, if it's a large repair bill then it's extended over several months.

 

In the US tax laws are evolving regarding real estate. Those of us who want our family to inherit property should read up on laws. Having to pay reassessed property taxes is bad. It seems like the government is trying to take away wealth from folks.

all the more reason to be glad I am out of physical property in USA... still keep much of my bank there and stock mkt investments...

 

I did have some rental property there when I was living there. Over the last 5 years the tenants were each a progressively large nightmare... 

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5 hours ago, 4MyEgo said:

I rented it out on a 12 month lease and sold it 6 months after I arrived here before my residency status for tax purposes changed. I also paid no capital gains tax on that short period.

 

You really have to spend more time on tax laws in Australia and less time on Asean Now if your looking to make the move here, it will save you tens if not hundreds of thousands of $'s in the future.

 

Tax payable is 32c for every $ earned from the very 1st $ you make, there will be no tax threshold, usually the first $18,200 last time I checked which was yonks ago, as your residency status for tax purposes will change after you are out of the country for over 183 days, whether you like it or not.

 

On top of this you will have agents commission to pay, insurance, council and water rates, if strata title, levies and any special levies if required, repairs and maintenance, insurance against tenants causing damage or defaulting rental payments, so you would be lucky to get 50%, but wait, there's more, you cannot off-set your losses on an annual basis (negative gearing) because you are no longer a resident for tax purposes, you can off-set those losses against the future capital gains tax when you sell up, but wait, there's more, not before you pay a whopping 42% (highest tax rate) capital gain tax from the date you purchased the property, yes, the date you purchased it, not the date you left Australia as it used to be. 

 

The changes took place in 2019/2020 and if you think you can retain your Australian residency if you live overseas, that is all BS by twisted expats who think they know more than the legislation and professionals in their field of accounting, so talk to your accountant to see if I am spinning a yarn, this will be your wake up call before you decide to keep it and rent it out, in other words, the Australian government doesn't want you to have your cake and eat it too unless your prepared to pay for it as a foreign resident, remember you residency status changes once you move which is out of the country for 183 days in any financial year, and making a trip back for a month or so to empty your post office box or visit the club that your a member of and to start the car you own so it doesn't clog up, doesn't work, ask your accountant.

 

Not unless your prepared to pay all the taxes associated with keeping it, especially when you sell it.

 

Every country has different tax laws, and as I came from Australia, as I mentioned, I did my due diligence and kept an ear out on the talk of a bill to go before the senate regarding CGT from the date you purchased the property is a foreign resident, and not 3 months later it went to the senate and I exited the market as quick as it took for me to get a contract to my agent and get it on the market, so I avoided all the BS. 

 

You do need your assets back in the west, stocks in Australia are tax free providing they are fully franked and there is no capital gains tax payable when selling them and banks, well if you do get any interest you pay 10% on the interest, so if you made $100 you would pay $10 as a non resident.

 

All of the above said, you can avoid the capital gains tax if you live in Australia for more than 183 days in any financial year and don't rent out your property, or you rent it out and move back into it, for example, 10 year in Thailand/Philippines, then 10 years in Australia to balance it out, but then it will depend on how much it was worth when you left and how much it was worth when you moved back in and how much it was worth when you sold up, all too difficult, so best to sell up and have your money invested into tax free stocks paying dividends that hopefully appreciate in time as real estate does and of course avoid paying any capital gains tax as a non resident.

 

A lot to take in GeorgeGeorgia, but do your home work properly spending less time here and talking to a qualified accountant will get you started. I did that, I also researched and spend loads of time on the net and going through information on the ATO's website.

 

I have no regrets selling up, yes the market has gone up, but I have also made money on stocks, I don't have a fall back position e.g. house back in Oz, but I do have cash readily available and my stocks, so if I had to up and go tomorrow, the world is my oyster.

 

There you go, all of the above which took me months to find out, you have at your disposal, talk to an accountant, check out the ATO's website, research the web, check and double check, then make the decision, just remember when your residency status changes, you will also have no voting rights, and your Medicare will eventually go out the window as a non resident, so private hospital cover or public hospitals will be a choice you will have to make because the cut off point for most private health insurers is 60, some at 64 and without "paying expensive premiums" I can guarantee you public hospitals, which in my opinion are not up to Australian standards, from my experience.

 

Good luck entering your new oyster.

Many, many thanks for this info. I moved the family to Oz permanently in 2013, selling our house in Chiang Mai. I use an accountant in Oz, but I had no idea that the Australian Tax Office rules had changed - especially the 183 day thing. I lived in LOS for many years, the last thirteen in C Mai and only went back to Oz for a few weeks each year, to do my tax and other stuff. Obviously, I could not do that now.                                                                                                        I kept my property in Oz for years, thank goodness. The 'never put all your eggs in the same basket' rule made sense to me back then and, would apply  even more to expats in LOS under the current administration there. As I've said before however, the missus has no interest in returning to Thailand, ever. . Our daughter doesn't speak a word of Thai, as she has only been schooled in Australia. I intend to visit again one day, but not under the current silly rules.

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9 hours ago, thaibeachlovers said:

there is apparently no such thing as "for better or worse" in real life.

no such thing for you maybe... other people like their spouses and get on well and want the best for them too... which is likely why some unions last and others don't... 

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7 hours ago, thaibeachlovers said:

If that were the case, IMO women intending to get wealthy off a man would be nice till the new time limit was reached.

I've never understood why any wealthy man in the US would get married given their strange alimony laws that allows a woman to live off a man with whom they do not live, presumably for life, unless she remarries. Tell me if that's wrong.

What's wrong is assuming everyone else who ever got married ended up getting trapped in a loveless, one-sided relationship.

 

What's worse is assuming everyone else has done it at least twice.

 

Back on topic, retaining property in your home country is increasingly prudent, especially if you are of retirement age of 65+. Those that 'burned their bridges' several decades ago did it at a time where their age and easy immigration rules provided some sort of safety net if it ever went pear-shaped. The early retiree could re-enter the workplace and visas were easy. If a 67-year-old finds he can't afford his Archa, make the rent or pay for an agent to legitimize his long term stay and has no roof over his head back home, he's pretty much toast IMHO.

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4 hours ago, thaibeachlovers said:

How about letting a trusted sibling "buy" it with the understanding that it would be to "rent" if one had to go back? My sister is into renting houses, and had I "sold" it to her before I left my partner, I'd still be able to live in it now. In the meantime any profits from renting it would have been hers.

The stamp duty and legal fees to transfer the property would be about 750,000 baht, and I do not talk to my siblings, couldn't trust them as far as I could throw them. That said I do have an adult daughter back in Oz who I could have transferred the property too, but I did the sums and once rent is paid, taxes taken out, other ongoing expenses, then future capital gains tax as resident, it wouldn't be worth it. 

 

The above said, the decision I made paid off, besides, I wouldn't feel comfortable transferring the property to my daughter as I would be leaving myself wide open, e.g. she all of a sudden has an investment property paid off, then splits with her partner, he could be entitled to some of it as they are in a relationship, i.e. these days you don't need to be living together to form a defacto relationship, all he would need is the front door key to her place and the law would recognise them as having a defacto relationship which is recognised the same as a marriage.

 

I have always liked to be in control of my finances, even prior to getting married, my wife agreed to sign a prenuptial agreement which is recognised under the family law act, so I am covered in the event that she wants to separate and try to be a typical western female, which of course she can't and I know won't because even after separation she would want to be on my good side as there is no child support payments here. So she would do the right thing as I would do the right thing for our kids. 

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7 minutes ago, NanLaew said:

Back on topic, retaining property in your home country is increasingly prudent, especially if you are of retirement age of 65+.

That might be in your country, but do look at Australian taxation laws for Australian Citizens owning property when their residency status changes from an Australian resident for tax purposes (nothing to do with citizenship), to a foreign resident for tax purposes, it's automatic after you exit the country for more than 183 days in any financial year, and trying to prove you are still an Australian resident for tax purposes while living overseas has become as hard as hiding cash under your pillow, so you would think twice about owning property unless you want to pay 42% capital gains tax all the way back to the very 1st day you purchased it. 

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7 minutes ago, 4MyEgo said:

That might be in your country, but do look at Australian taxation laws for Australian Citizens owning property when their residency status changes from an Australian resident for tax purposes (nothing to do with citizenship), to a foreign resident for tax purposes, it's automatic after you exit the country for more than 183 days in any financial year, and trying to prove you are still an Australian resident for tax purposes while living overseas has become as hard as hiding cash under your pillow, so you would think twice about owning property unless you want to pay 42% capital gains tax all the way back to the very 1st day you purchased it. 

Isn't that what accountants and private banking wealth managers are supposed to take care of?

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I knew a guy in Bangkok who went back to the UK. He was in his 70's. He lived in my apartment building.

 

If your single and get up there in age it's going to be hard to stick around unless you have people looking after you. He had helpers and such but when your not as mobile and able to walk the soi's and stairs as well your in a scary situation. There are no social services in Thailand to help you out and many people get confused or with dementia with age.

 

I'm sure this guy was happy he had somewhere to go as he got older. I think he had family back home.

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48 minutes ago, NanLaew said:

Isn't that what accountants and private banking wealth managers are supposed to take care of?

You would be surprised how many people don't want to part with their $'s to get the right advice.

 

They think they know best until one day the tax man catches up with them and says oi, you owe us x y z $'s, huh, why, because your not a resident of Australia for tax purposes, therefore you have to pay tax on your property at 42% from the very first day you purchased it, wHaT !!!

 

There appears to be a mistake, I am a resident, no your not, you live in Thailand, yeh, but I'm still an Ozzie resident, no your not, your an Ozzie citizen, there is a clear difference, now cough up you non resident you.

 

Non resident means you live overseas, therefore your residency is overseas, it can't be at both places because you own a property back home, others will argue, but good luck with that, taking on the tax man and all that legislation is a waste of time, it's there, readily available for people to read, i.e. polish up on what will effect them when they move overseas, if they want to put their head in the sand, I'm ok with it, if they can get away with it, I', ok with that too, but when and if the time comes that they get caught out, then no point in crying foul because they didn't know.

 

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1 hour ago, Aussiepeter said:

Many, many thanks for this info. I moved the family to Oz permanently in 2013, selling our house in Chiang Mai. I use an accountant in Oz, but I had no idea that the Australian Tax Office rules had changed - especially the 183 day thing. I lived in LOS for many years, the last thirteen in C Mai and only went back to Oz for a few weeks each year, to do my tax and other stuff. Obviously, I could not do that now.                                                                                                        I kept my property in Oz for years, thank goodness. The 'never put all your eggs in the same basket' rule made sense to me back then and, would apply  even more to expats in LOS under the current administration there. As I've said before however, the missus has no interest in returning to Thailand, ever. . Our daughter doesn't speak a word of Thai, as she has only been schooled in Australia. I intend to visit again one day, but not under the current silly rules.

If you owned a property in Oz that you returned too, I would suggest that under the old rule you get a retrospective property valuation carried out by a registered Valuer (as high as possible) for when you moved to Thailand, and another one when you returned, as low as possible to minimise any potential capital gains tax in the future if you sell. But always take the advice of your accountant as he is qualified in that area, I am self taught, not qualified, but would always run things by my accountant.

 

The above said, if you live in it as long as possible before you sell, i.e. if you ever sell, you may find that the ratio from when you went away to when you returned to the time you sell, e.g. the increase in value since you returned will quash any capital gains tax payable during the time you were abroad.

 

Agree the current rules are the worst in the world, no doubt others will follow as it's a very lucrative catch for those unexpecting expats.

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6 hours ago, Lacessit said:

This information is misleading, there is more than one test for residency status in Australia.

 

https://www.ato.gov.au/Individuals/coming-to-australia-or-going-overseas/Your-tax-residency/#Residencytests

 

I still have a domicile in Australia, as I have a financial interest in the house my son owns, and that is my address as far as the ATO is concerned.

 

I will continue to claim Australian residency until the ATO tells me otherwise. It is not up to me to hang myself with whatever rope the ATO has prepared.

 

The other option is to stop putting in the yearly tax return. I know a guy on a full Australian OAP here who has not put in a tax return for the ten years he has been here. His pension has not been taxed at the 32% rate you mention.

 

It seems to be a grey area, my advice would be don't poke the bear.

You are entitled to your opinion, however using the word misleading is a bit far fetched, especially when I would say that you haven't read precedents of court rulings, just the ATO website is not enough, if you read the disclaimer you might understand why ?

 

The legislation is complex and long, I would agree with one thing, don't poke the bear, but for me, I like to be as clear as possible, and even wrote to the ATO before I left to ascertain if the actual website which said I would be a resident was correct, that was not the case in the letter of reply which I though, so I sleep better.

 

The coin can always be flipped, here is an interesting read of a recent case.

 

 https://www.colemangreig.com.au/News-1249-A-tax-law-win-for-Aussie-expats-Full-Federal-Court-clarifies-tax-residency-rules.aspx

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2 hours ago, NanLaew said:

What's wrong is assuming everyone else who ever got married ended up getting trapped in a loveless, one-sided relationship.

Of all the people I know who got married, most divorced, and the few that did stay married I wouldn't change places with, as their marriages are not what I consider "enjoyable". The only man I know who had a happy long marriage died 20 years ago, so we'll never know if it would have stayed happy. That's a pretty significant reason to doubt that marriage works for the guy.

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