All Topics / Legal & Accounting / CGT on Renovations??

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  • Profile photo of blacklabblacklab
    Participant
    @blacklab
    Join Date: 2009
    Post Count: 8

    Hi People.

    Question…..my dad and I are looking at buying (50/50) a house in N-E Vic to do a renovation and then sell.

    We would like to know if we purchase for 170K and spend 40k on reno's then sell for around 270k what tax implications are there for us?

    -Would we have to pay CGT on the profit (I assume yes).

    -Can we claim all the costs for reno's (40K) as a tax deduction?

    OR

    If we keep the house after the 40k of renos and rent it out could we still claim all the reno's (40k) as a tax deduction.

    We are not sure what the best way to go??

    Any help would be much appreciated. 

    Cheers

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674

    I do not want you to follow this information without a second opinion from the ATO, so I have included the relevant web sites that confirm my knowledge on tax law in this area.

    -Would we have to pay CGT on the profit (I assume yes).
    Yes and may be no.
    Is it a primary place of residence – Are you living in it while doing the renovations and what was the purpose of buying the property, where you buying it for the purpose of making a profit see later web links for more information on purpose?

    If Yes to you purchased it for the purpose of being your main residence you may get CGT tax exemption after a certain time period of living in the house.

    Is it going to be owned for 12 months – 50% cgt tax discount could apply. see http://www.ato.gov.au/businesses/content.asp?doc=/content/18427.htm

    If owned 50/50 CGT will be 50/50. This means that 50% of the taxable capital gain is added to each joint owners other tax assessable income to work out what tax bracket rate each of you will be paying for the capital gain. You need to look at the tax rate scales to work this out.see http://www.ato.gov.au/individuals/content.asp?doc=/content/12333.htm

    Can we claim all the costs for reno's (40K) as a tax deduction?
    As you spent 40k on renovations you add this to the cost base for a Capital Gain reduction – must have receipts your labour is not billable or claimable. see http://www.ato.gov.au/individuals/content.asp?doc=/content/36919.htm

    Another issue is whether there will be GST on the renovations if you sell. If you do substantial renovations GST is involved . The question is knowing what a substantial renovation is? Could involve being registered for GST.
    see http://law.ato.gov.au/atolaw/view.htm?docid=GST/GSTR20033/NAT/ATO/00001 section 54 to section 140

    OR

    If we keep the house after the 40k of renos and rent it out could we still claim all the reno's (40k) as a tax deduction.

    You would be able to claim depreciation on the fittings and fixtures if rented or add it to the cost base but you can not claim both ways as this is referred to as double dipping and the ATO doesn't allow two different forms of deductions on the same item.

    Working out a depreciation schedule for effective life of items can be difficult so I am suggesting you use a quantity surveyor if you go down this direction.


    We are not sure what the best way to go??

    You need to know what investment method you are planning on using.

    (1) You are a trader and you renovate for quick profit and then do it again
          (if done too often you can be classified as a trader and not get CGT exemption as PPOR. see http://www.ato.gov.au/corporate/content.asp?doc=/content/57402.htm&page=2&H2 )

    (2) You are a buy, hold and never sell type of investor and have a long term plan.

    suggest you look at the following
    http://www.ato.gov.au/corporate/content.asp?doc=/content/57402.htm&pc=001/001/038/002/002&mnu=&mfp=&st=&cy=1
    http://www.ato.gov.au/corporate/content.asp?doc=/content/00208572.htm&pc=001/001/038/001
    http://www.ato.gov.au/individuals/content.asp?doc=/content/00191831.htm&pc=001/001/038/002/014
    http://www.ato.gov.au/corporate/pathway.asp?pc=001/001/038

    Profile photo of blacklabblacklab
    Participant
    @blacklab
    Join Date: 2009
    Post Count: 8

    Duckster……excellent response.

    Much appreciated,  I will work through this and see what's specifically applicable to my situation.

    Again thanks.

    BlackLab 

    Profile photo of jameswebber1jameswebber1
    Participant
    @jameswebber1
    Join Date: 2009
    Post Count: 1

    Succinct and thorough advice Duckster, you've answered a question I too required clarification on.

    Cheers,
    James

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

    Maybe you should look at using a discretionary trust to own the property as there are more oppotunities to reduce tax.

    my take on the tax is this (haven't read the above)

    Profit = sales price – costs (costs include purchase price, stamp duty, agents fees and reno etc)

    Depending on how long you hold it there may be a 50% discount on this profit if it treated as a Capital Gain.

    This gain will go to the owners in proportion to their ownership.

    If you were to use a trust the profit could be distributed to a variety of family members, particularly those on lower incomes who will pay less tax. The benefiaries do not need to be determined until the end of the tax year and they can vary with the discretion of the trustee so each year the most effective people can be chosen.

    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

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