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Example of loss limitation
John and Colleen jointly own a company and elect into the new qualifying company rules withapplication from 1 April 2011. John owns 75 percent of the shares.
The total equity investment in thecompany is $100,000. The company earns gross income of $20,000 during the year and distributes$10,000 to John and Colleen in proportion to their interest in the company.
John’s share of the equity investment is therefore $75,000 (75 percent of $100,000). He has a 75percent share of the company’s income and distributions, which equal $15,000 and $7,500 respectively.
John’s membership basis in the qualifying company is calculated as follows:
Original investment $75,000
Income $15,000
Distributions ($7,500)
Deductions taken in previous years ($0)
Disallowed amounts ($0)
John’s membership basis in the qualifying company is therefore $82,500.
In the 2012/13 income year, the qualifying company makes a loss of $120,000. John’s share of the taxloss is $90,000 (75 percent of $120,000).
The proposed loss limitation rules, which will limit theamount of losses allowed as a deduction to the amount of the shareholder’s membership basis, areapplied to John as follows:
Membership basis $82,500
Allocated losses ($90,000)
Allowable tax loss ($82,500)
Therefore, John is allowed a tax loss of $82,500, which can be deducted from his other income.
The proposed loss limitation rules mean that John is disallowed a tax loss to the value of $7,500($90,000 less $82,500). This loss cannot be included in his annual tax calculation for the 2012/13income year as a deduction, and so cannot be offset against his other income.
The disallowed loss can,however, be carried forward by John and used in a subsequent year if John’s membership basis in thequalifying company is sufficient. (The allowable tax loss taken as a deduction in the 2012/13 incomeyear will reduce John’s membership basis for later income years by that amount.)
这样说,如果你的LAQC/QC 的equity是negative的,那你就不能claim loss了! |
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