All Topics / General Property / How many can i sell?

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  • Profile photo of CreminCremin
    Participant
    @cremin
    Join Date: 2003
    Post Count: 105

    G’day investors.

    I have been thinking about taking on renovating houses full time. Then holding a few and selling a few. But a few people at work have lead me to believe that you can only sell X amount before you are classified as a property developer and get taxed sh*%loads for the privilege. Yet no-one seems to know any exact facts or figures.
    Are we on the right path here?.

    Work smarter, not harder!.

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    Don’t listen to the people at work.

    I think they are thinking of second hand car dealers [biggrin]

    Your CGT will increase and yo need to understand what that means.

    Cheers,

    Simon Macks
    Mortgage Broker
    http://www.mortgagehunter.com.au
    0425 228 985

    NODOC Loan – 65% Loan – No questions asked!

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of westanwestan
    Member
    @westan
    Join Date: 2002
    Post Count: 1,950

    Hi Cremin

    the tax laws relating to Capital gains tax means that you must own the property for 12 months if you want to claim 50% tax free (quite nice actually), if you own it for less than that time you pay capital gains on the full amount at the tax rate you will be in . For instance if you make 100k capital gains in one year and you are in the top bracket then you get taxed on the full 100k at the top rate. If however you have owned the property for 12 months then you get 1/2 of it (50K) Tax free.

    regards westan

    I live in New Zealand and for a fee find cash positive deals there, email me at [email protected] to join our database

    Profile photo of bensonbenson
    Participant
    @benson
    Join Date: 2003
    Post Count: 101

    I think what your friends at work are saying could have some substance. If the ATO believed you were in the business of renovating and selling for a profit then all your profit could be treated as income and the 50% exemption would not apply. A lot would depend on how many/frequently you were turning properties over.

    Cheers,

    Benson.

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

    I seen an accountant about this myself when I had 6 properties and he said I could be classed as a trader with this many properties.

    Westan makes a good point in that if you are selling in less than 12 months, then it makes not difference. If you are holding longer and are doing it as a ‘profession’, then you could be classed as a tradder anytime after 2 properties. You have to justify why you shouldn’t be – if audited.

    I also know people doing this and claiming the PPOR CGT exemption on every property. ie buy one, live in it and do it up and sell it, and do the same thing again. The ATO could argue that they are in the business of doing this and claim tax on all their sales.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 AUSPROPAUSPROP
    Participant
    @ausprop
    Join Date: 2003
    Post Count: 953

    my accountant specifically mentioned this subject only a couple of days ago. He said he knows of heaps of people putting all their deals through as CGT, however he says it is too aggressive and believes anything past your first deal is really just normal income.



    Extensive list of ‘Off The Plan’ property available for sale in Perth.

    John – 0419 198 856

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