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i looked into this about 2 years ago for a similar situation.
firstly i checked the ato website.
just spent the last half hour trying to locate the exact determination, without much luck.
i would not bet my life on it but i will recall my investigations from 2 years ago.
The purchase price of your property is taken into account.
Lets say it cost $500,000 3 years ago. Land was valued at $400,000 and house at $100,000
If you subdivide today! into 2 equal sized lots
and retain the house at the front the cost of the land at the back is $200,000 plus any subdivision costs, lets say $10,000.If you netted $300,000 on the sale of that block your capital gain would be worked on $90,000.
I am interested to know if the proportionate interest component for a mortgage held on the pre-divided block can be included in the cost base.
check out the ato website though!
did you sign a contract with the builder?
you may find your answer in that!!
check for information noted under “defects liabilty period”.
seek professional opinion to desribe work negligent.