All Topics / Legal & Accounting / Minimising CGT?????

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  • Profile photo of JLtarraJLtarra
    Participant
    @jltarra
    Join Date: 2004
    Post Count: 90

    Hi all,

    Recently my wife sold an investment property that was owned half with her brother.
    The property is located in Victoria.

    Ok, here are the figures.

    Bought in 1999 for $212k
    Sold in May 2014 for $870k

    CG = $658k /2 = $329
    50% share of CG = $329k
    (Remember it’s owned by two people equally)

    House was owned for more than 12months so they get 50%discount on the CG ,Therefore CG is $164.5k

    CGT to be paid according to the ATO website for the 2013 rates is $48,812

    The property was owned is their personal names not a business.
    The property was always a rental.

    Here is my question.
    Is there away to distribute the CG so u pay less?

    Many thanks

    John.

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

    John, it is a bit late for this now if the contracts where signed last year.. There are a number of things that could have been done, but are probably too late now.

    I suggest you just make sure that every expense that hasn’t otherwise been claimed is added up – incuding travel, light bulbs, lawn mower fuel etc etc and this can be used to reduce the CGT.

    Income cannot be distributed to others so your wife has to wear the tax.

    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 JLtarraJLtarra
    Participant
    @jltarra
    Join Date: 2004
    Post Count: 90

    Thanks Terry.

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    Hi JL,
    You probably need an Accountant to confirm this, but your purchase date MIGHT help you :-

    Bought in 1999 for $212k

    I recall that a major change occurred (in Sep 2000?) re Indexing of values for CGT purposes. As I recall, for homes bought prior to that date, the owner may CHOOSE whether to use the Indexing method or the new “50% discount” method. As I wasn’t selling back then, I didn’t take too much more notice, but do check the possibility. It might be that the Indexing method might have now been phased right out.

    The Indexing went something like this :-
    Values bought for were Indexed according to inflation, etc (e.g. if bought in 1995 for $100k, in 1996 Indexing might take its base value to $102.3k, then in 1997 it might rise again to $106.8k, etc….) Also, when calculating CGT that way, Capital Gains were totalled based on that Indexed cost base, and THEN the gain was divided by 5, and that 20% amount was added to your Income for the year of sale. There was NO 50% discount when doing it this way, but the Indexing and the “20% added” meant that the CGT levied would nt be overly onerous.

    Do note, the above words of mine are based on “recollection” – thus, they may well be flawed. Maybe others can recall better, and/or can affirm whether Indexing is still possible, or not.

    Benny

    Profile photo of JLtarraJLtarra
    Participant
    @jltarra
    Join Date: 2004
    Post Count: 90

    Thanks Benny,

    I will run that past the accountant.

    John

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