All Topics / Help Needed! / capital gains tax/ Finance

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  • Profile photo of allymacallymac
    Participant
    @allymac
    Join Date: 2004
    Post Count: 16

    I have just bought a property that I would like to turn around for a quick gain in three months. I need some information on how capital gain tax will be applied to this sale. If I earn $30,000 this financial year and I earn an after tax profit of $10,000, how much capital gain will I incur?

    I have bought this property with two other people. Should all our names be put on the title or is a company structure better for a resale within 12 months of purchase ?

    How does financing work in three names? Do we have to jointly be able to finance the full amount or is it enough for one person to finance the whole amount even if title is in three names?

    The contract is currently in my name or ‘nominee’.

    Sorry for so many questions![blush2]

    Ally

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

    If you sell within 12 months there is no discount. So the gain less some expenses will be added to your income, and you will pay tax accordingly. Not sure what the % is for $30K.

    If you use a company, then the tax rate is 30%. Consider a trust.

    If title is in 3 names, then all 3 will have to apply for finance and each will be liable for the whole amount.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of BattleshipsBattleships
    Participant
    @battleships
    Join Date: 2003
    Post Count: 63

    Ally

    I suggest you talk to a solicitor – if the contract is currently as you say and you transfer to a nominee you may be up for double stamp duty. If your vendor is willing you may be able to replace the contract with a new one that has the final names you want on.

    Hope this helps
    Cheers
    [exhappy]

    Profile photo of allymacallymac
    Participant
    @allymac
    Join Date: 2004
    Post Count: 16

    Thanks for your input guys

    Profile photo of AUSPROPAUSPROP
    Participant
    @ausprop
    Join Date: 2003
    Post Count: 953

    I would suggest that CGT would not be applicable as you have bought with the pure intention of selling ASAP for a profit, so the full amount of profit would be assessable in your tax assessment. CGT is more for a passive investment when you buy a place, rent it out for a wile etc etc – talk to your accountant re this.



    http://www.megapropertygroup.com

    INVESTMENT SALES * RENTAL SOLUTIONS * STRATA MANAGEMENT

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

    Auspro is right actually. There is no CGT within the first 12 months, just income tax.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of elkamelkam
    Member
    @elkam
    Join Date: 2006
    Post Count: 722

    Hello Allymac

    If I understand you correctly you have signed a sales contract in “your name or nominee” so at settlement it’s possible for you to supply whichever name (s) you want without any problems re sales tax. Correct me someone if I am wrong please.

    It seems to me that if you buy using 3 names then the profits are divided by 3 for income tax purposes which seems a good thing to me. However, this is my first post and as previously advised, asking an accountant is always the best option.

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

    Elkam

    I think in most states you will find they have clamped down on this. Unless you have a prior written agreement (in Vic), then you would have to pay stamp duty again if you nominated a different person to the one on the contract.

    Terryw
    Discover Home Loans
    Parramatta
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 8 posts - 1 through 8 (of 8 total)

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