Sorry if these are dumb questions…I dont know where to find the answer so I am starting a new thread. I have 2 questions to ask about CGT:
Situation 1: My partner has Property A (a PPOR). Another property (property was bought in August 2011 and settled in September 2011. We wanted to buy property B in order to knock down and build.
However, it took a while to sell Property A (the initial PPOR). So we continued living in Property A and kept Property B vacant -no income was being made. Finally in May 2012 property A was sold and settled. During this time we still kept Property B vacant and just rented another house to live in because we were in the process of finding builders. ATM Property B is still vacant and we are still renting…and hoping to build soon…
My 1st question is: Will we have to pay capital gains tax on Property B in future if we were to sell?? I know about the 6 months rule where you can have 2 properties as your PPOR for 6 months…but ours was over 6 months so how will CGT affect us??
Yes, you get 6 months 'crossover' when buyinga new PPOR, so there would be no CGT issue for this period. Most likey you will be liable for some CGT on Property B, as it wasn't moved into as soon as you were able to. If you don't move in for, say 2 and a half years, and you hold the property in total for 10 years, then you will pay CGT on 2/10ths of your capital gain, then halved again. (so efffectively 1/10th, or 10%)
But, the holding csots, interest and building expenses will form part of your cost base for capital gains, so the interest and holding costs will most likely outweigh the 10% of the profit. So yes, you will be selling a cGT assewt, but the likelihood is you will have hardly any tax to pay, if any at all.
cabramatt wrote:
Situation 2: I have a family home under my name. I am planning to get married next year and will be moving into my partner's house. However, my family home under my name will continue to be a family home…I receive no rent and will allow my frail parents to live there indefinitely. Hence, it is NOT an investment property.
My 2nd question is: Will i still have to pay CGT on the family home in future when I sell considering that I am not using it to produce income?
Thanks in advance for any replies…
C
Yes, as you can only have one PPOR at any one time. A married couple can not have one house for him and another for her, so if you chose to keep the family home as your PPOR, the new home will be subject to 50% CGT (IE – your share) of the capital gain.
Depending on when the family home was purchased, you may be able to add holding costs to the cost base. .
Spoke to accountant today who reassured me that if we redraw on our current PPOR loan to pay deposit for an investment property, the interest is still deductible as it is an expense incurred in gaining income. If we were to redraw on PPOR and then rent it out it would not be tax deductible but as loan for new property it is. What is peoples experience with this type of scenario?
Your accountant is correct.
The thing to remember with interest deductibility is, it's the PURPOSE of the loan that determines deductibility, not the SECURITY.
But now question is with borrowing to pay for interest? What are the acceptable reasons for ATO to believe that it is not a scheme but a genuine management of cash flow depending upon individual situation.
Th ATO are cracking down on this. If the rent from your IP is going to pay other non-deductible debt, then you may have an issue. The ATO would argue that you it's not a a cashflow issue, it's a tax avoidance issue, similar to Hart's case.
The question you would need to answer, is why, if you have a cashflow issue,. is the income from your property not going to pay down your IP debt?
Agree with Terry. The expense is deductible because it's a deduction incurred in gaining income. The interest in this situation would generally be deductible.
One issue i have is that you talked about your rent going into a PPOR offset? "ATO should not see it as a way of increasing tax deductible borrowing and paying full rent into PPOR."
But they do. Because that's exactly what it is. Your non-deductible interest is decreasing, while your deductible debt is increasing.
For a situation like yours, I would advise that the rent goes intot he LOC. Otherwise, you may be in the crosshairs of the tax avoidance provisions.
I am looking at having a security screen door installed in one of my IPs, it does not currently have one, and for security reasons the tenant wants one in the house, is this considered a capital expense as it is an improvement, or as it is required for safety/security, is it depreciable?
Generally, this would be able to be depreciated, as an improvement. It wouldn't be a building depreciation item, at 2.5%. It would be a separate asset, like carpets / airconditioning etc, and depreciated over it's expected life.
Secondly if it was depreciable, (if I was replacing an old one for example), when it comes to the $300 immediate deduction vs claiming it over its life for more expensive items, is the $300 inclusive of the installation and call out fees, as most tradies charge 80-120 just to do the job.
Yes it is. Depreciation talks about the asset 'being ready for use'. Installation and freight costs are included in the asset cost for getting it ready for use.
If the installation was free, however they also charged me a fee for repairs to the back external door, would this 1. be considered like items, and need to be claimed together 2. be able to be claimed as a seperate charge and thus still able to claim my screen door immediately
If the new door installation is free, then you'd be ok. The repairs to a different door would be considered a separate transaction.
Hi all, been looking at a few commercial properties for sale,small factories warehouses etc. What i would like to know is, with an advertised price of 300k plus gst,this would be 30k payable on settlement, would the purchaser also have to pay stamp duty like a residential property? Also how is gst paid if the purchaser doesn't have an abn and is just a private investor? Thanks in advance for any comments or information.
Hi Solomon,
Yes, GST would be payable to the vendor at settlement.
If the purchaser is not registered for GST, the GST amount forms part of the cost base. It is in the purchasers interests to register for GST, so that they can claim back the GST amount on the next BAS.
Is it worthwhile getting a depreciation schedule done up before settlement? Or wait till after settlement? I would not have a problem getting a surveyor access to the property. I am thinking with very little deductions this financial year might be worth getting a couple of costs through this financial year.
If you can get access tothe property, then it's probably worth it. You would be able to claim the cost of the report.
CGT acquisition date is the contract date, so 1st April.
Interest on the deposit is claimable when the interest is paid, so you may have one month's deduction this financial year.
Borrowing expenses on the main loan won't be charged until the loan is drawn, at settlement, so claimable from settlement date.
"My thinking is that if it is considered a CGT Acquisition at contract sign date then depreciation can start to be claimed this financial year?"
No, as depreciation is deductible when the asset first becomes available for use. It isn't your asset until a) you have paid for it, and b) it is available for a tenant to use. The earliest date for depreciation would therefore be settlement date.
Thanks Terry. So am I able to keep my current PPOR exempt from CGT even though I move out of it and rent it out? is there a time limit on how long it can be rented out before the PPOR CGT exception expires?
The time limit is 6 years.
Terry's point is that the, as you can only have one Main Residence at a time, the new house you are building would be subject to CGT, if you elect to keep the first house as your main residence.
That's right. GST registration is only required if you are running a business. Developing for profit would most likely be considered a business, but a once off development as per your example would most likely not be considered a business for GST purposes.
If you claimed GST on the purchase of the land, then the margin scheme is not available to you.
Your other figures seem correct. GST using the margin scheme is calculated as 1/11th of the difference between the cost of the original purchase, and the sales price, not including stamp duty, agent's fees etc.
I thought i read somewhere on the SRO that you can nominate 1 PPOR in this type of trust for the CGT exception?
The SRO wouldn't talk about CGT, as the ATO is the body responsible for determining who has to pay CGT. Perhaps the SROP was talking about an exemption for land tax?
To qualify for the main residence exemption from CGT, the owner of the dwelling must be an individual.
Its been awhile and I’m still learning this tax game….As an update we still have 2 x IP’s in both my and wife names and our PPOR in both names. I’m interested in somehow increasing the loan on one of our IP through equity and put that onto our PPOR. Our IP is a LOC/IP loan that has $280k of debt while the house is worth approx. $600k.
The issue you have is that the purpose of the loan determines deductibility, not the security. If you borrow, say $200k extra against an IP, to paydown your PPOR, the interest on this $200k is not tax deductible. So, overall, you still have the same amount of borrowed money, and the same amount of tax deductible debt. Your position hasn't changed.
One idea is to sell your half of one IP to your wife, or vice versa. You would thne borrow to purchase this half, and this borrowing would be tax deductible. But in this scenario, you would probably have capital gains tax to pay, and maybe stamp duty (depending on which state you are in.)
If you purchased half from your wife, then yes, you would claim he full amount of the tax deductions in your name. This is because you would own 100%, so you would report 100% of the income and expenses.
However how do trusts work in regards to initial costs and losses, i.e. are the purchase costs and expenses initially incurred by me personally tax deductible, or does the trust structure void this link? If the investment was negatively geared are these expenses a tax deduction?
The purchase costs are not deductible, eve if the property was purchased in your own name. They are a capital cost, and form part of the cost base.
Expenses are deductible to the trust, as the owner of the property. If a Discretionary trust makes a loss (ie – expenses are greater than income) then the loss stays with the trust, to be offset against future profits. A loss can not be distributed to beneficiaries.
Are you asking if the CG from the sale of 1 property could be streamed to, say, 2 people and that each of those people can get the 50% CGT discount.
I think the answer is yes. Any accountants out there?
The short answer is yes. If a discretionary trust makes a capital gain and distributes to one or more individuals, the individual taxpayers qualify for the 50% discount.
If it is distributed to a company, the company pays tax on the full capital gain (ie – no discount).
As Terry said, it doesn't matter if the trustee of the trust is an individual or a company. It's the beneficiary that determines whether the discount applies or not.