All Topics / Legal & Accounting / CGT – Reduction?

Viewing 7 posts - 1 through 7 (of 7 total)
  • Profile photo of BidBid
    Participant
    @bid
    Join Date: 2004
    Post Count: 18

    I am a novice and after reading various discussions on this forum, my mind is spinning many possible scenarios which could help with my future investment plans and tax savings. It would be helpful to get your thoughts so that I can judge knowlege of my accountant (which I have started to doubt). [angry2]

    Once such situation is –

    Background
    Say a property was bought for $230K and now if sold would fetch about $350K. The husband owns this IP in his name soley. So would incur CGT on the profit of 60K (ie 50% discount on 120K profit). The tax rate for husband is 48.5% therfore tax would be payable of $29k. [jealous]

    Situation
    The husband transfers the title soley to his wife’s name i.e. as a gift. (I understand there is no stamp duty for changing the title to spouse’s name and is less complicated then transferring to a third party…is that right?) [party]

    Now the wife sells the property for $350K.

    CGT questions
    1. What is the wife’s cost base to calculate capital gains?
    I think the CGT laws states that if a person acquires a gift, for CGT purposes, then the cost base would be mkt value of the property at the time the gift was received. Therefore her cost base should be around $350k as well. She sells it for $350K, hence no CGT. Tax saving of $29K[specool]

    2. Does the husband has any CGT implications?
    As he has given the property as a gift there should be no capital gains implication……… unless similar rule applies i.e. he is deemed to have sold the house at the mkt value ie $350k. In which case he is back to square one.[weird]

    I realise this question should be posed to a qualified accountant and would be. However, just wanted to have some views. Apologise if it sounds complicated or unclear.

    Kind regards

    Bid

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Bid

    I just asked my accountant this (ex ATO). He said it would be considered a disposal of an asset by the husband and he would have to pay CGT based on the market value. If the ATO disagrees with yout valuation the commissioner can issue his own.

    So the wife’s cost base would be $350,00 and the husband would have to pay CGT as above.

    Depending on the state you are in, I think there are stamp duty concessions for transfers between spouses. I know of one recent situation in NSW, where the husband transferred his half of his house to his spouse who owned the other half. They said tehy did it without stamp duty even (tho it was not due to a divorce).

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of BidBid
    Participant
    @bid
    Join Date: 2004
    Post Count: 18

    [hmm] So much for my brain wave.

    I suppose ATO probably won’t fuss too much if a person pays tax on deemed sale of 5-10% lower then the mkt value if there is no third party valuation done. In which case atleast some CGT saving might be possible. But then I don’t think wife would be able to show a higher cost base than the husband’s sell base, so would end up with a CGT liability.

    Anyway, coming back to your original comments, this scenario might still be beneficial in some individual’s circumstances where wife marginal rate of tax is lower or she is entitled to more deductions or rebates to offset the income, as compared to husband who might have to pay higher tax.

    regards

    Bid

    Profile photo of MonopolyMonopoly
    Member
    @monopoly
    Join Date: 2004
    Post Count: 1,612

    Hi Bid,

    Girlfriend I hear you loud and clear on this one….I am having to cough up a 77K CGT bill, and it hurts!!![crying][crying].

    However, as your income tax bracket is lower than that of hubby’s may I suggest, that any money made from the sale is put into an account in your name as you will pay a lesser rate of tax on the interest earnt on same (that is if you plan to have it sit in the bank for a while).

    There are ways in reducing the bill, and an experienced CGT accountant should be able to find all the loopholes, but ultimately, it can only be reduced, not avoided!!! [glum][glum] Don’t forget the sale costs (i.e. REA commission, advertising costs etc etc) are deductible as well.

    All the best with it,

    Jo

    Profile photo of BidBid
    Participant
    @bid
    Join Date: 2004
    Post Count: 18

    Thanks Terryw and Monoply

    If I find anything further to reduce the CGT bill, I will post it in this thread.

    regards

    Bid

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Sometimes, it may be better to take a year off work if you are getting a large tax bill.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of BidBid
    Participant
    @bid
    Join Date: 2004
    Post Count: 18

    And in that year off, travel around the world and look for +ve cf properties.

    Mix Business with Pleasure.

    Bid

Viewing 7 posts - 1 through 7 (of 7 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.