All Topics / The Treasure Chest / capital gains and building write off

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  • Profile photo of stargazerstargazer
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    @stargazer
    Join Date: 2002
    Post Count: 344

    hi all

    is that right that if you claim your depreciation on your building costs that you have to pay it back when you sell.

    regards
    alf

    Profile photo of noddiesnoddies
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    @noddies
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    Post Count: 151

    Hi Alf,[:)]

    Go to http://www.ato.gov.au and download their guide to depreciation.
    They also have a guide to capitol gains tax.

    Regards

    Bryce Inglis
    [email protected]
    http://www.ipal.com.au

    Profile photo of Stuart WemyssStuart Wemyss
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    @stuart-wemyss
    Join Date: 2003
    Post Count: 598

    Hi Alf

    Yes, it may be a “balancing item” when calculating the “cost base” for CGT purposes.

    Cheers

    Stu

    Property & Finance News
    at http://www.prosolution.com.au

    Profile photo of puissancepuissance
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    @puissance
    Join Date: 2003
    Post Count: 72

    Alf,

    if you claim Division 43, then the amount you claim will be equal the amount reduced by your cost base. this is assuming your asset was purchased after September 1985

    if you claim division 40, then there will be a balancing adjustment from the time you dispose of the asset

    Profile photo of stargazerstargazer
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    @stargazer
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    Post Count: 344

    hi all

    divsion 40 etc doesn’t mean much to me so its abit over my head at the moment.

    The reason i asked is because i picked it up in steves book page 142.

    Its seems by the responses its not as straight forward as i first thought which was

    purchase price minus selling price
    and any costs

    eg. pruchase 100000
    sell 200000
    costs 10000
    profit 900000

    held more than 12 months
    50% no cgt
    other 50% =45000@30% tax rate
    =13500 cgt to pay

    this how i have been led to beleive it works.

    regards
    alf

    Profile photo of puissancepuissance
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    @puissance
    Join Date: 2003
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    Alf,

    that’s the simplified version
    but there are so many variables
    need to know what your situation is
    what entity did you use to buy this asset

    Profile photo of stargazerstargazer
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    @stargazer
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    Post Count: 344

    hi mensch

    It was bought in my both names my partner and i.

    the version i indicated is the version my accountant gave me.

    No mention of all this other stuff.

    regards
    alf

    Profile photo of puissancepuissance
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    @puissance
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    Did u claim any depreciation on the property?

    Profile photo of stargazerstargazer
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    @stargazer
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    Post Count: 344

    hi mencsh

    yes

    have had the propertry just over 2 years bought of the plan.

    we have claimed depriciation

    building
    furniture
    fixtures etc

    reagards
    alf

    Profile photo of AdministratorAdministrator
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    @piadmin
    Join Date: 2013
    Post Count: 3,225

    mencsh, hi, I’ve just been trolling through the ATO guides about deprecitation & CGT. They state that your cost base is reduced by the amount you claim for capital works, (eg 2.5% of the cost to build the property), but I can’t find any mention of whether depreciation of your carpets, curtains etc affects the cost base or not. Can you clarify this. Please don’t quote numbers like div 43 or div 40!
    Thanks, Jim.

    Profile photo of puissancepuissance
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    @puissance
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    Alf

    Div 43 is when you claim building depreciation
    Div 40 is when you claim furniture

    eg. You paid $100,000 for property
    u sell for $150,000
    Div 43 – u claim $10,000 of building depreciation
    Div 40 – u claim $5,000 of fixture and fittings

    When u sell, u have to do balancing adjustment of div 40 – lets assume its $3000

    You assessable CGT is $50,000 + $10,000 + $3000
    total is $63,000
    50% discount $31,500 (assuming ur on 48.5% tax)
    your tax is $15,277

    now there are also other implications like GST,
    if you are liable for GST, then u will have to pay $13,636 GST on the sale.

    so like i said depending on your circumstances, if GST is applicable then your total tax will be
    $28,913 (sux huh)

    but most people will not have to pay GST, but depends on your situation

    if your accountant does’nt tell u this, get a new accountant.
    My charter accountant did’nt know about this, I had to learn it myself. I now have a new accountant who still does’nt know about this, I have to tell him what to do! go figure?

    Profile photo of AdministratorAdministrator
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    Thanks mencsh for clarifying those numbers, but I’m still not sure what a balancing adjustment means.
    “When u sell, u have to do balancing adjustment of div 40 – lets assume its $3000”
    How do you come up with the number? I assume it’s got something to do with the expected life of the fittings, but I would really appreciate a clarification. Thanks, Jim.

    Profile photo of BeachboyBeachboy
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    Mensch,

    Your example of GST payable, is it correct that you pay the full amount of GST on the sale ie one eleventh of the whole cost. I understood that the GST would only be on the difference between the original purchase price and the sale price. Not to mention exemptions like going concern and the margin scheme etc.

    Profile photo of AdministratorAdministrator
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    Boy that ATO website is frustrating to find info in! It explains how a balancing adjustment on a car works, but how do we work out how much of our sale price of a house is due to the carpets?!
    Waiting with bated breath for enlightenment, mensch. Thanks I.A.

    Profile photo of AdministratorAdministrator
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    Because mencsh has ignored my question I finally asked my accountant about the fittings depreciation. It’s very simple really, our cost base is decreased by $1 for every $1 we claim as a deduction, and increased by $1 for every $1 we spend on new fittings we have replace during the ownership of the property. His wording was a little different, but that’s the result.
    In mencsh’s example above then, $5k was claimed for depreciation of fittings, but only $3k was added to the CG (not CGT mencsh!). This means that $2k was spent on new fittings at some stage. Is this what you meant mencsh?
    Jim.

    Profile photo of HueyHuey
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    @huey
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    My accountant told me the same but the Taxman told me differently. He showed me the CGT book & explained that we don’t have to add up that depr. amount to the cost base.

    I asked Ms Margaret Lomas this question. She said it’s a grey area. 2 of her clients wrote to ATO & got reply from them that they didn’t have to add up that depr. to the capital cost base.

    Hope we can get a better explanation for everyone from ATO.

    [?]

    Profile photo of AdministratorAdministrator
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    Thanks VH. As I wrote above, I couldn’t find any mention of it in the ATO website. It should be clarified, as it could make a $30,000 difference to your capital gain.
    Jim.

    Profile photo of AdministratorAdministrator
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    I’ve just asked Noel Whittaker to clarify this. He replied that he will respond in Sunday Week’s Sunday Mail. Should be interesting.
    Jim

    Profile photo of RodCRodC
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    @rodc
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    Hi Jim,

    Can you post a summary of his response here?

    thanks,

    Rod.

    Profile photo of AdministratorAdministrator
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    Just this Rod:

    Quote**********
    I’ll be doing an article on this in the Sunday Mail on Sunday week so it
    should answer your queries.

    Regards

    Noel
    End Quote**********
    Jim.

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