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Submitted by vgpacer1970 on September 8, 2010 - 7:16pm.

Joined: 08/09/2010

I bought my 1st house in NSW, June 2003 for $140K, lived in it till April 2008 and rented it out to present day, bought 2nd house Brisbane, June 2008 for $340K. I am thinking of selling 1st house, now worth $280K, the 2nd house (currently living in) is principal house so the bank says,,,,,,,,how much CGT if I sell the 1st house now?

BJ


September 8, 2010 - 7:19pm

Joined: 08/09/2010

P.S............My partner has a house rental owing $115K, should we pay it out or most of it and use it as a tax write off?


duckster's picture

September 8, 2010 - 8:08pm

Joined: 19/12/2004

june 2003 140k to April 2008 Assuming was PPOR
2003 - 180 day approx
2004 - 364 days approx
2005 - 364 days approx
2006 - 364 days approx
2007 - 364 days approx
2008 - 93  days approx to April
Add up days = 1729 days ppor use
April 2008 - 2009 - 271days
         2009 - 2010 - 364 days approx
         2010 - now - 240 days approx
total rental days = 875
875 / 875 +1729 = .336 of capital gain taxable
140 k * .336 =47k that is taxable
divide by 2 as over twelve months ownership
23.5 k taxable gain
if joint owned 1/2 again (and add to each assessable income)
add to yearly income
calculate tax based on what marginal tax bracket the addition pushes total assessable income to.

should we pay it out or most of it and use it as a tax write off?
Do not understand how paying out a loan is a tax write off

Comments are of a general nature and may not be relevant to your individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.


September 8, 2010 - 8:12pm

Joined: 08/09/2010

Meant that pay out partners house or most of it and use it as tax write off?

Real estate guy said it was worth $260K in April 2008 and because I lived in it 2003-2008 that CGT is only on the difference of that amount compared to the $280K it is worth now??????? ($20K) my income currently $105K


September 8, 2010 - 10:15pm

Joined: 05/08/2010

I have heard you can sell your PPOR up to 6 years after moving out and not pay any CGT, not sure if this applies if you have a new PPOR though.


Terryw's picture

September 8, 2010 - 11:51pm

Joined: 01/01/2002

Solomon10 wrote:
I have heard you can sell your PPOR up to 6 years after moving out and not pay any CGT, not sure if this applies if you have a new PPOR though.

it could possibly apply - though CGT would apply to the 2nd house during the overlap period. Which to claim may depend on growth during this time - chose the highest growth property as the main residence.

Terryw
Finance Broker
Solicitor


crj's picture

September 8, 2010 - 11:59pm

Joined: 30/01/2004

You sya your partner has a house too.  If your partnerw ould be entitled to claim that house as a PPOR for part of the time you have been together then you and your partner would have to elect which house had PPOR status or half of each house.  Otherwise your real estate agent is correct although you should have a valuation done in case you are audited.  Selling costs including commission would also reduce your capital gain


September 9, 2010 - 8:42am

Joined: 08/09/2010

The bank I used would have the estimations for both properties when I bought the Brisbane house. My partner only came onto the scene last year.


September 9, 2010 - 5:01pm

Joined: 08/09/2010

Bank said they valued the 1st house March 2009 @ $280K so I would imagine that it was worth around that in April 2008 when I moved out? So if I get $280K for it now does that really mean I don't pay CGT at all?


Terryw's picture

September 9, 2010 - 5:33pm

Joined: 01/01/2002

Possibly you may even have a capital loss.

You will need something better than the "bank said" though if audited.

Terryw
Finance Broker
Solicitor


September 10, 2010 - 8:07am

Joined: 08/09/2010

The bank has an independant appraisal on their records, wouldn't that be ok if audited?


Terryw's picture

September 10, 2010 - 10:20am

Joined: 01/01/2002

Can you prove that?

Terryw
Finance Broker
Solicitor


IP Freely's picture

September 10, 2010 - 10:22am

Joined: 14/01/2008

No, the ATO is auditing you, not the bank.

If you did not commission the valuation then the valuer (nor the bank) may not extend the right to use the valuation to yourself. The purpose of the bank's valuation is for mortgage purposes which differs greatly from a valuation for market value for the purpose of a sale.

I.P. Freely - 'cause I can!


September 10, 2010 - 12:09pm

Joined: 08/09/2010

I believe the real estate agent also has an estimation at the time of renting in April 2008, would that be enough as how do I know what the real estimate is? at that time?


Terryw's picture

September 10, 2010 - 12:14pm

Joined: 01/01/2002

Agents estimates are worthless from a tax perspective as they are mere pitches to get your business and not valuations.

You can actually order a valuation and instruct the valuer that you want the value of the property as of a certain date.

Terryw
Finance Broker
Solicitor


September 10, 2010 - 10:43pm

Joined: 08/09/2010

How are you to know what the property is worth at the time of vacating and renting out? especially a couple of years ago?


Terryw's picture

September 10, 2010 - 11:10pm

Joined: 01/01/2002

valuation

Terryw
Finance Broker
Solicitor


September 11, 2010 - 9:32pm

Joined: 08/09/2010

But thats what the bank did in march 2008 as stated above??????????? when I refinanced.


Terryw's picture

September 12, 2010 - 12:03am

Joined: 01/01/2002

Have you got a copy of the valuation?

Terryw
Finance Broker
Solicitor


September 12, 2010 - 8:54pm

Joined: 08/09/2010

The bank has it on file, also the real eastate has a valuation on file also, wouldn't that be enough to satisfy an auditor?


Terryw's picture

September 12, 2010 - 9:00pm

Joined: 01/01/2002

When the auditor asks for a copy what will you do??

Terryw
Finance Broker
Solicitor


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