All Topics / Help Needed! / CGT – Built unit at back of house, then sell front house.

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  • Profile photo of kilatkilat
    Member
    @kilat
    Join Date: 2013
    Post Count: 2

    Hi,

    I'm hoping for some help on these questions that's been bugging me.  We lived in a house for 3 years, then built a unit at the back.  Before the back unit was completed, we built and moved to a 3rd house for good.  The back unit was rented after it was completed, and the front house was rented out after we moved out (both in the same financial year, if that's relevant).  My questions are:

    1)  We intend to sell the front house some time in the future, does the 6-year rule for CGT exemption apply to this?  If not, how do I determine as part of the cost base the front house's share of the original purchase price (which includes the land the new unit is now sitting) and the cost of new common driveway?  If the CGT exemption applies, I don't have to worry about cost base or valuations of front/rear house, is that right?

    2)  There is only one loan for original purchase and construction of new unit.  For the proceeds of sale of the front house, can I use it (in full or part)  to pay off the loan of the 3rd house (assuming the LVR ratio on the new unit is sufficient), and still claim as tax deduction the full interest of the unit's loan balance?   What's the best thing to do?

    Thanks in advance for your help.

    Profile photo of wilko1wilko1
    Participant
    @wilko1
    Join Date: 2010
    Post Count: 510

    1) short answer, your PPOR is which house you claim you live in. If you keep this property for another 3 years say. Then your still entitled to claim the PPOR excemption when you sell.  Just remember that you therefore won't be entitled for the 3 years for your current home that your living in. You could decide you are never going to sell the current home your in. So having it as your PPOR would just be reducing your available  taxation benefits. A example is a friends parents elderly, that lived in a home but moved out, into a unit that they planned to retire in. 5 years later their home in a prestigious suburb had gone up a lot more then their unit that they had lived in. It made more sense for them to get the CGT exemption for the expensive property for those years as they are never selling their unit till they aren't here anymore. 

    1 part b) if you do have to work out the site initial cost price. A simple formula used is purchase price/ land sqm. That'll give you the price u paid per square m. Allocate each block its  individual proportions. That's the cost price for each. 

    2) if the equity from the remaining unit is enough to secure the loan then you may use surplus funds for any purpose you want. Some figures of bought sold built for expected sales and values would be helpful. If the unit Is the only property tied to the loan and you have only rented it, then the entire loan should be available as a deduction. 

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

    I'm hoping for some help on these questions that's been bugging me.  We lived in a house for 3 years, then built a unit at the back.  Before the back unit was completed, we built and moved to a 3rd house for good.  The back unit was rented after it was completed, and the front house was rented out after we moved out (both in the same financial year, if that's relevant).  My questions are:

    1)  We intend to sell the front house some time in the future, does the 6-year rule for CGT exemption apply to this?  If not, how do I determine as part of the cost base the front house's share of the original purchase price (which includes the land the new unit is now sitting) and the cost of new common driveway?  If the CGT exemption applies, I don't have to worry about cost base or valuations of front/rear house, is that right?

    2)  There is only one loan for original purchase and construction of new unit.  For the proceeds of sale of the front house, can I use it (in full or part)  to pay off the loan of the 3rd house (assuming the LVR ratio on the new unit is sufficient), and still claim as tax deduction the full interest of the unit's loan balance?   What's the best thing to do?

    Thanks in advance for your help.

    This is a very complex question and you should seek professional opinions.

    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 kilatkilat
    Member
    @kilat
    Join Date: 2013
    Post Count: 2

    Thank you guys for the advice.

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