All Topics / Creative Investing / Advise Needed on CGT if selling property using vendor finance

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  • Profile photo of amytangamytang
    Participant
    @amytang
    Join Date: 2011
    Post Count: 3

    Hi Experts!

    I am new to vendor finance.  If I sell my property using vendor finance when do I need to pay for CGT?  My understanding is I don't need to pay CGT until the settlement and the CGT amount is based on the contract date.  Can you please let me know if my understanding is correct based on the current ATO rulings? 

    Also, would I still be liable for land tax if I sold my property using vendor finance but the property has not settled yet?  I live in Victoria and appreciate your comments!

    Thanks heaps!

    Amy

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Amy

    I believe your understanding of the CGT implications of selling a property are correct but I'm not an accountant and I suggest you get professional advice on both your questions.  Two internet resources on this question are:
    1.  Point 5 at  http://www.jvpropertypartners.com.au/index.php?option=com_content&view=article&id=45&Itemid=74
    2.  Page 15 at  http://www.bantacs.com.au/booklets/Capital_Gains_Tax_Booklet.pdf

    If you are selling your property with a Lease/Option you remain liable for Land Tax on that property.  If you are selling with an instalment contract, you can submit a Land Tax variation, that will move the Land Tax liability to the new VF buyers.  Usually the VF buyers are purchasing the property as their PPOR so the Land Tax liability for the property often disappears.  Point 4 at
    http://www.negative2positive.com.au/index.php?option=com_content&view=article&id=45&Itemid=74
    also covers this.

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

    Profile photo of amytangamytang
    Participant
    @amytang
    Join Date: 2011
    Post Count: 3

    Thanks heaps for your comments Paul!  Greatly apreciated!

    Amy

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