刚从IRD口中确认，cash back 及介绍费是gift，不用缴税，但是。。。

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有朋友特地打电话咨询了IRD，证实在refinance时银行给的cash back，referee fees以及professional fee contribution是gift，not taxable。
As to the question, are ‘refer a friend’ (eg $250), prof fee contribution (eg $1000) or ‘cash back’ (eg $4000  taxable as income by the recipient or not, the answer is this.

from IRD call centre Hamiltion on 10/7/2014 said ...

“These amounts are similar to gifts and are not taxable by the receiver”.

She checked with her supervisor.

但是我朋友同样被告知，However, the lawyer costs, fees are not tax deductible，She says because it is a ‘choice’ the property investor (me) made to refinance. It was not something that ‘needed’ to be done. 现在的问题是 well if I decide to do anything in business, it is a ‘choice’.  ， Every day I make ‘choices’ to hopefully make the business more profitable (and therefore to pay more tax) Generally those ‘choices’ involve expenses (hopefully benefits outweighing the costs).  Those expenses should be tax deductible。In my opinion any expense incurred in the procress of improving profitability should be tax deductible.
And I gave an example: I might ‘choose’ to paint my rental property (and claim the cost of the paint, as is the normal practice)。Not painting it might end up costing me more money in the future or cause me to get less rent. She said, ‘'yes you are correct, however if you paint your house when it does not ‘need’ painting, then it is not tax deductible

because it did not really need it, and you simply made a ‘choice’ to paint it”  



Hypothetical:

So I said, if a bank was to say they would not lend me money any more, I would ‘need’ to find another bank.

So would it be tax deductible???  She said. “may well be.   Might have to write in about that one”



Now I wonder if bank ‘A’ won’t lend money at a competitive rate,  I would ‘need’ to go to the another

bank to get a good rate, and would have ‘no choice’ of paying lawyer fees, so they would be tax deductible.

Might write in (anonymously) about that one.



I suppose they might argue I do not need to get a better interest rate.

Well I might argue I don’t need to paint my house that is peeling either.

I don’t ‘need’ an accountant (and his fees are tax deductible).

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希望能回答到一些网友平时纠结的问题。

minidust

Thanks for sharing this useful information.

一曰方茗

谢谢分享信息

walker123

谢谢，这个一定要顶。

所以说，IRD 有最终解释权。

songinator

早知道了 但legal contribution要交税

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songinator 发表于 2014-7-11 08:54
早知道了 但legal contribution要交税

你这'legal contribution' 和我说的pro fees有什么不同吗？

songinator

注册了才发言 发表于 2014-7-11 10:28
你这'legal contribution' 和我说的pro fees有什么不同吗？

我艹我看错了        对不起 谢谢