All Topics / Legal & Accounting / CGT on IP properties

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  • Profile photo of MicasaMicasa
    Member
    @micasa
    Join Date: 2004
    Post Count: 29

    Hi All,

    My question concerns Capital Gains Tax on two IP I own.

    I purchase the original home/land for $210000 in 2003, demolished and build two duplexes on the site. Cost of buildings was 250000 + say $50000 for demolition, cost, etc. Total 250000+210000+50000 = $510000 for both propertied. I have one investment loan on both propertied owing $388000, the value of each duplex is approximately $400000. My question is if I sell one of the duplexes and pay out the outstanding amount on the investment loan will I be hit with Capital Gains Tax?

    Thanks
    M

    Profile photo of RikkyRikky
    Member
    @rikky
    Join Date: 2005
    Post Count: 313

    Yes it will be looked at as 50/50 deal so you will be looking at paying tax on the profit of that property you sell.

    Will you pay capital gains tax?
    That depends on how long you have had the property since it has been developed, you may have to pay normal tax rates if the property you sell has not been retented out. If this sounds a little confuseing give me a call on 0408 355 568 and I will let you know what happened to me in a simular situation.

    Kind regards Rick

    Monopoly, my favourite game

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

    Hi Micasa,

    Yes you will pay CGT as CG is levied on any investment that makes a profit.

    I recommend you download a copy of the CGT Guide from the ATO website as there are a couple of examples therein that explain some of the issues associated with CGT under the circumstances given.

    If you have trouble locating or downloading the file drop me an amil and I’ll send you a copy.

    Derek
    [email protected]
    http://www.pis.theinvestorsclub.com.au
    0409 882 958

    Profile photo of redwingredwing
    Participant
    @redwing
    Join Date: 2003
    Post Count: 2,733

    CGT is also applicable to your income and personal tax levels for the FY isn’t it?

    REDWING

    “Money is a currency, like electricity and it requires momentum to make it Effective”
    Count The Currency With This Online Positive Cashflow Calculator

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

    Hi Redwing,

    The taxable gain is included on your EOY tax returns and taxed according to the relevant scales. As such it is wise to sell in a no or low income year if possible.

    Derek
    [email protected]
    http://www.pis.theinvestorsclub.com.au
    0409 882 958

    Profile photo of mummum
    Member
    @mum
    Join Date: 2004
    Post Count: 104

    If the 2 end properties are different sizes, who gets to decide how the costs, etc are divided for calculating CGT?

    Can the owner arbitrarily decide what cost went where and effectively delay some of the CGT by putting more of the costs to the first sold property?

    Would it be better to get valuation/appraisal done at the time of sale to divide costs based on the relative values?

    Profile photo of MicasaMicasa
    Member
    @micasa
    Join Date: 2004
    Post Count: 29

    Thank all, I guess the tax man always gets his share in the end!

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Costs are apportioned on the sq metreage area of the individual dwellings as a percentage against the total land area for CGT purposes

    Cheers Richard
    Ph: 07 3720 1888
    [email protected]
    http://www.yourstatefinance.com

    Specialising in US & IP finance.

    Richard Taylor | Australia's leading private lender

    Profile photo of mummum
    Member
    @mum
    Join Date: 2004
    Post Count: 104

    Thanks for that, Richard.

    Next silly question – what if there are additional features such as views which which only one of the properties gets after construction? Adds value to one of the subdivided blocks but not all? Is this ignored in calculating the cost base?

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    No not at all.

    You can used a weighted arguement and apportion a higher value to one block over another for just that reason.

    Recently did a battleaxe block just like that where the back house had view and it was a steep incline.

    We took photos of before and after and made a good submission to the ATO on just that point. They listened and agreed.

    Cheers Richard
    Ph: 07 3720 1888
    [email protected]
    http://www.yourstatefinance.com

    Specialising in US & IP finance.

    Richard Taylor | Australia's leading private lender

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