All Topics / Help Needed! / Your opinion please

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  • Profile photo of MiloMiloMiloMilo
    Member
    @milomilo
    Join Date: 2003
    Post Count: 22

    People,

    This is my scenario: I live in a unit which I am selling at the moment. Purchased it in 1992 as PPOR.
    I also own a house which I has been rented out since I bought it in 1998. Now, its value has doubled to $420K.
    I intend to sell the house also in order to purchase a bigger house.

    My question is: Is there anything I could do to minimise the GCT or any other duties which will be associated with the sale of the house?
    (something like moving into the house for a few weeks and declare it as my PPOR for that time before I sell it ??)

    BTW: What will I have to pay when I sell the investment property? Vendor Transfer Tax(VTT), CGT, ……?

    Thanks

    Milo

    Profile photo of geogeo
    Member
    @geo
    Join Date: 2003
    Post Count: 1,194

    Hi Milo,

    To minimise the CGT, you can register as a Property Trader.

    Regards,
    George.

    I’ve found a way to help you save and earn whilst not selling or delivering any product. If interested, drop me an email or PM me to find out how

    Profile photo of MiloMiloMiloMilo
    Member
    @milomilo
    Join Date: 2003
    Post Count: 22

    Geo,

    Which means?

    Thanks

    Milo

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Milo,

    You unit will be CGT free for the duration of the period of ownership as it was your PPOR for the duration of the period you owned it.

    Your house will only be CGT free for the period you live in it – any gains will be calculated based on an apportioing process. Ie $100K profit – 80% of the time the property was an investment property then your capital gain will be $80K.

    As such moving in for a few weeks will have negligible difference in gains savings.

    You can only have one PPOR at any one time apart from a 6 month period when you are eligible to have two properties while one is being sold.

    Capital gains is calculated by subtracting the purchase price from the sale price with a few allowances for things like entry and exit stamp duty, selling agents fees, any section 43 depreciation claims etc.

    CGT can be minised by offsetting the gains with any losses incurred selling other recognisable assets or by selling in a no or low income year. The gain will be considered as income and treated accordingly in your next income tax return.

    At time of sale you will be up for agents commission, mortgage discharge fees, your portion of land tax etc and if your IP is in NSW you may also be up for the exit tax.

    Is there a way that you can retain one/both properties as they appear to be good assets and would add value to your portfolio?

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

    Profile photo of SonjaSonja
    Member
    @sonja
    Join Date: 2004
    Post Count: 338

    Vendors Transfer Tax.

    I know it exists but can anyone tell me more than that?

    Also how do you register as a property trader? This is a new concept to me.

    Cheers
    Sonja

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

    I agree with Derek, but if you have ever lived in your home, you may be able to claim this as your PPOR instead of the unit – depending which one has grown in value more.

    I think GEO means, that if you are classed as a proeprty trader, then there is no CGT. But there is income tax and you do not get the 50% discount on the gain. So it would probably better not to be classed as a trader. I don’t think you can register for this either. You just submit your return and argue your case if audited.

    ps I am not an accountant.

    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 pennelopepennelope
    Member
    @pennelope
    Join Date: 2004
    Post Count: 7

    also new to this game but have similar situation.Have currently ppor which has more than doubled in value in past 18 months. We are building IP which we intend to live in and sell and in meantime rent out PPOR as holiday beach house. Any views or advice as to which would be the most effective way to structure this would be great am excited but wary
    cheers penne[aacool]

    Profile photo of DerekDerek
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    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Penne,

    Not an accountant but for what it is worth.

    A broad brushed statement but – a PPOR is CGT exempt (bearing in mind the various restrictions and conditions) and as such your biggest grower should where possible, be your PPOR for as long as possible – even to the extent that you do not move into your unit but rent elsewhere and use your two properties as IPs. Your current home will retain CGT free status for 6 years if you only have one PPOR.

    Certainly go and see a savvy accountant and take the before and after values with you.

    Be aware that holiday lettings do have specific issues and can be less productive than first envisaged.

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

    Profile photo of pennelopepennelope
    Member
    @pennelope
    Join Date: 2004
    Post Count: 7

    thanks derek
    intend on letting PPOR as holiday accom short term only whilst living in and selling new IP which we then hope to use as deposit on next venture rather than having to reuse equity in original PPOR again. Is there any cathes to this we have spoken to accountant about scenario and he seemed OK with it. Any other suggestion ???
    Thanks Penne

    Profile photo of pennelopepennelope
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    @pennelope
    Join Date: 2004
    Post Count: 7

    PS Derek
    Noted your comment about having 2 PPOR whilst one is being sold. What is the criteria for this?
    Cheeers Penne

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Penne,

    There are a few (couple?) of situations when an investor is allowed two PPOR for a period of six months.

    For details I suggest a search of the ATO website using ‘CGT’ – if you ave any difficulty locating it email or PM your email address and I’ll forward through the PDF.

    My thoughts about selling assets are – if they are moving in the right direction and still meetin your goals then hang onto them for as long as possible – this way it reduces any buying/selling cost as a proportion of the profit/asset.

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

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

    Penne

    I think the 6 month overlap rule is covered in Section 118-140 of the ITAA. From memory it says you can count two houses as your main residence for a max period of 6 months and give the example of someone having to move into their new house before the old one has sold.

    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 geogeo
    Member
    @geo
    Join Date: 2003
    Post Count: 1,194

    yeah – Terry is right,

    as a trader, there are conditions you need to meet – ie. buying and selling a certain no. of properties in a year. This is especially helpful to those who want to wrap properties. But as Terry mentioned, you must be careful because if you don’t meet the requirements to be classified as a Trader, you can get caught out and get caught out big time when audited.

    Kind Regards,
    George.

    I’ve found a way to help you save and earn whilst not selling or delivering any product. If interested, drop me an email or PM me to find out how

Viewing 13 posts - 1 through 13 (of 13 total)

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