All Topics / Finance / CGT selling property

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  • Profile photo of cas4cas4
    Participant
    @cas4
    Join Date: 2010
    Post Count: 9

    CGT help please .. how do I work out the total cost of the land and building from when I lived in my property prior to renting it out for 5 years, and how do I get a valuation of the property from when I rented it out.  I have been living in the house, my PPOR for 4 months and have just accepted an offer to sell. My accountant wants answers to these questions. I built the house 19 years ago. I thought the sale would be CGT exempt. I checked the ATO CGT exemption tool but did not work for me because property I am selling had not been my only PPOR. Thanks in advance.

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

    i am confused by what you wrote above. You only rented it out for 5 years but have held it for 19 years.

    Did you live in it prior to renting it out?

    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 cas4cas4
    Participant
    @cas4
    Join Date: 2010
    Post Count: 9

    Hi Terryw .. yes I lived in property I built for years prior to renting it out. During that time I bought 2 other IP's. I then rented out property No.1 and went to live in one of the IP's which was then my PPOR for 5 years. I have moved back to property No1 and have an offer on it and am trying to work out CGT position. Thanks for your comments.

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

    Oh, OK. You can only have 1 main residence at any one time.

    So I would think you can claim it as your main residence for the time you lived in it up to the time of moving out. So you would need a value for this date.

    You would also need a value at the date you moved back in as you can then begin to claim it again as your main residence.

    You should talk to a valuer about this as they can probably give you a value based on sales data.

    Say it was worth $200,000 when you started to rent it out and then $400,000 when you sell (it probably hasn't moved in the 4 months you moved back it.

    That is a $200,000 again.

    From this  you can deduct stamp duty and other purchase costs and then selling costs too such as legals and agents fees etc.

    Say $20,000

    Your net gain is then $180,000

    Then you have to add back any depreciation claimed – but this depends on when you purchased it and you may not have to in this situation.

    But assuming the gain after costs was $180,000 you would get the 50% CGT discount for holding it more than 12 months, so the assessable gain would be $90,000.

    If you jointly own with a spouse 50/50 this would be an extra $45,000 on each of your taxable incomes.

    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 cas4cas4
    Participant
    @cas4
    Join Date: 2010
    Post Count: 9

    Thank you very much Terryw. The land was $26,500 in 1990. I built the basic house for $80,000+, then did all the usuals; fencing, floor coverings, window treatments, paving, landscaping etc.  When I moved out it was valued at approx $220,000. When I moved back in approx $325,000. Am a single parent, sole owner. You say '.. you have to add back any depreciation claimed – but this depends on when you purchased it and you may not have to in this situation'. Can you explain that further please?

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

    thats about the limit of my knowledge. You will have to check with your accountant regarding depreciation as it only applied to properties purchase after a certain date.

    based on the about I would say your taxable gain would be no more than $50k. – but i am not a tax agent so may be wrong.

    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 cas4cas4
    Participant
    @cas4
    Join Date: 2010
    Post Count: 9

    Very helpful .. thanks Terryw taking time to comment and impart your thoughts. Appreciated very much. Took me 20 years to acquire just 4 properties with little knowledge except looking for future security.  Must admit I made lots of mistakes structuring. Have read Steve's book and will continue to educate myself even though a bit late in the game! Thanks again.

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