All Topics / Help Needed! / GST on a new build

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  • Profile photo of wobblysquarewobblysquare
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    @wobblysquare
    Join Date: 2010
    Post Count: 95

    If a buy a property for 300k (with house on it). Knock it flat, and build 3 houses – each of which sell for 300k (total sales price = 900k). If my total costs (excluding GST) – but including all other council contributions / holding costs / build costs / sales commissions etc come to 600k.

    Then what GST will i be having to pay?
    1) 3 x 30k ? (10% on each dwelling sold)
    2) 1 x 30k ? (10% on my profit)

    Can any one advise?

    Cheers Wobblysquare.

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

    You will be selling new units so 1/11th of the price on them would be GST.

    Against this you would be able to claim any GST claimed.

    You may also want to look at the margin scheme

    Not sure if the demolition can affect thngs such as GST, it will affect CGT.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of wobblysquarewobblysquare
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    @wobblysquare
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    Terry,
    thanks for comment. Led to this link from ATO, which covers it fairly well.

    http://www.ato.gov.au/content/downloads/BUS00271328n73740_02_11.pdf

    Profile photo of TerrywTerryw
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    @terryw
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    good find wobbly  nice easy to understand examples

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of christianbchristianb
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    @christianb
    Join Date: 2009
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    Terry, when do they become old enough that GST is no longer applicable?
    I understand it's 5 years, but I'm not sure.

    Profile photo of TerrywTerryw
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    @terryw
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    Yes, 5 years I believe.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of christianbchristianb
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    @christianb
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    Thanks Terry.

    I reckon there's a strategy there.
    The greatest depreciation benefits are also over the first five years.
    So, for a developer, it may make sense to hold for 5 years, in some cases.

    Profile photo of TerrywTerryw
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    @terryw
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    Christian,

    5 years is a long time! You would be better off in some sense, but also could be better off in selling and doing another project (or 2) in the meantime.

    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 wobblysquarewobblysquare
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    @wobblysquare
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    My understanding is that it is 6 years…although maybe I am confusing this with PPOR CGT exemption. However i also think it is not necessarily limited to this. ATO have, on occasion, still asked for GST on developments sold after this period.

    Profile photo of TerrywTerryw
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    @terryw
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    wobblysquare wrote:
    My understanding is that it is 6 years…although maybe I am confusing this with PPOR CGT exemption. However i also think it is not necessarily limited to this. ATO have, on occasion, still asked for GST on developments sold after this period.

    Wobs
    http://www.austlii.edu.au/au/legis/cth/consol_act/antsasta1999402/s40.75.html

    5 years according to the GST act

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of christianbchristianb
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    @christianb
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    Terry,

    The strategy I was considering is to hold all or part, and collecting a yield, over five years.
    Thanks for your feedback.

    Profile photo of TerrywTerryw
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    @terryw
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    Great strategy if you have the cashflow to support it.

    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 GiovanniGiovanni
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    @giovanni
    Join Date: 2004
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    Wobblysquare,

    GST as I understand it, it’s only payable if you were the builder and did not paid GST when buying materials.
    If you however, hire a building company to build it for you, GST is not payable as was payable to the company.

    Regards,

    Giovanni

    Profile photo of wilko1wilko1
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    @wilko1
    Join Date: 2010
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    I think the 5 year period of gst only starts after the completion of the dwelling and that its been signed off. so it could technically be 6 years if you built it with a 12 month build contract.

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