If you are moving out and renting you should be able to take advantage of the 6 year rule. You can still class your oirignal home as your PPOR – even if you earn income, and pay no CGT if you sell. Do a search for more info.
Terry this may work if you have no other PPOR.
“Where NO OTHER dwelling is treated as the taxpayers main residence ” page 366
You don’t need to own it. If you are renting elsewhere then this is your PPOR.
Now a taxpayer may believe he does not have another main residence. T[]he ATO may however decide that the bus shelter he has been sleeping in may meet the definition.
Now to go search the definition of “Main Residence “
it is my understanding that you may need a valuation when you move out of your PPOR as it is CGT exempt during this time. The CGT libility begins accurring once you move out (altho there are some ways around this).
What does the Tax Handbook say on this matter?
Terry thats intersting ….the Tax handbook does not agree. It says it is prorated and puts up the formula.
Sure wish someone could quote an authority on this.
From experience the ATO would be very iffy on a valuer. They seem to be able to produce results that vary enormously depending on who pays them.
My wife and I are moving out of home, at the end of the year and renting. I have a vested interest.
I’ve heard from different people (I think Dale Gatherum Goss was one) that if you move out of your PPOR then do a valuation straight away that that will be your ‘beginning’ price for calculation of CGT.
Mel have a lot of respect for your opinion but that disagrees with “Thompsons Australian Tax Handbook for 2003 ” sect 14.300
Would appreciate other opinions on this.
Rgds Terry
I think because as my PPOR, it is exempt from CGT, so for the purpose of paying CGT I only have to pay CGT on the difference between the valuation once I rent it out & when I sell it.
Don’t think so.I think the profit is net sale LESS net purchase price, pro rated over period non PPOR.
Don’t think valuation has anything to do with it.
Was wondering where you got such an idea for my own reference.
I thought you couldn’t use your super for this, are you sure?
I’m interested to find out how to do this, since I thought super was ‘untouchable’ till you retire?
My husband once asked our accountant if he could use his super for property investing and was told this was not possible.
Celivia it can be done, but as with most good ideas it is not simple or straight forward.
Need to:-
-set up own Super fund,
-transfer current super to new fund
-by property tennants in common or thru unit trust etc.
Problem is S/Fund cannot borrow so you cannot use the equity in the property to fund the debt (although we have had a debate on how to do this, and it may be possible to trick the system, relying heavily on non disclosure ) Mention this to your accountant or get another one.[]
I agree about rents being totally out of line with property values, not sure about your assumption of the need for wages to rise to match property values.
You could be right or it might indicate property is way overdue for a serious correction.
Inner city units are an expensive way of buying hope.
As for an investment ….??????
Look at the Connaught. It has great location, opposite Hyde Park, Harbour views from mid levels up, AND it has gone up very little in real terms in the last ten years. Other examples are the York.
As a lifestyle, unless you are Chinese, the main tennant in the new developments, Sydney is dead as a doornail in the CBD on Sunday.
I really don’t know what ppl were thinking????
Believe that they were just buying hope.
If you are buying a company you still need to get the share transfer stamped. Believe that the Stamping office has the option of picking a higher rate if the company’s main asset is property.
If a developer has a trick it is not as simple as this.
I live in Glenhaven NSW. Several years ago a property sold at auction for over $1,000,000. Problem is the agent did not realise that the last person bidding was a friend of the owner. Brought much joy and merriment to the residents in the following months.
It worked though, cause next time it went up for auction a newbie (person who did not know the area )snapped it up for $900,000, and thought they had a bargain.
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Mel I think that is what JB is saying the Trust cannot distribute a loss. The Negative is formed by the Unit holder borrowing,
Actually if the debt funding come from the Unit holder, It would be very hard for a trust to make a loss, not impossible but unlikely.
This actually agrees with your interpretation if I am not wrong, just takes it a little further.
JB thanks for the feedback on the ATO.
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Mel I am in the middle of a Tax audit on a guy with a negative Unit trust style property investment. I advised against it but he had a big Firm advise.
The rub is they have knocked out ALL the neg dedustions but have kept in the Unit trust dist.
Efective tax rate is 100%+++, plus penalties and fines.
We are seeking adice and will let you all know the result.
Now the chance of this happening is very remote…but does make one think that you need to be very careful.
TerryW can you give me the name of your accountant I would love to subcontract to him.
“Pay peanuts get mokeys”
JB thanks… glad to see someone else thinking beyond the obvious.
You could writes books on this topic…Hey I think people already have.
But simply it is a separate entity that can own or trade on behalf of the beneficiaries, the income and capital then rests with the beneficiaries at the discrestion of the trust.
You can therefore move income from a potential highly taxed individual to someone who is not.
The trust is not a separate legal entity and that responsiblity is held by the trustee.
It is a tax and legal mine field, and even a lot of “expensive professionals …make some shocking mistakes…I would love a $1,000 for evry person I have seen who has bought a -prty in a trust.[]
If you live in it for a day and have no other PPOR
it would be your PPOR at that time.
But why the question. If you sell it you have to apportion your CGT over the time lived and and rented.
put up the last five yearts P & L’s the proprietors remuneration including MV, super and other benefits spouse etc incl) for the same period, details of the rent and lease, a review of council records for possible changes, detailed depn and lease of equipt schedules, and we will see what we can do.
Agree with what has been said, also not sure about security. If you need the property as security for your loan a bank, should want her on the loan docs.(they can’t sell half a house ), This could get you in arguments with the taxman as to who the interest deductions belong to,