All Topics / Legal & Accounting / Transferring equity

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  • Profile photo of davidbdavidb
    Member
    @davidb
    Join Date: 2003
    Post Count: 10

    One of our IP’s was our home for 12 years, if I was to sell it to a trust would I be up for CGT? It has not been our primary residence for 5 years.

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,763

    Hi,

    A quick check on the ‘main residence’ provisions seems to indicate that you are allowed up to six years if the dwelling is used for income producing purposes.

    Something interesting though, if the property is not used for income producing purposes then it can be treated as the taxpayer’s main residence indefinitely!

    For the specifics see a tax accountant.

    Cheers,

    There is a law about the length of time a property has not been a PPOR, but I’m not sure

    Steve McKnight

    **********
    Remember that success comes from doing things differently.
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    Success comes from doing things differently

    Profile photo of melbearmelbear
    Member
    @melbear
    Join Date: 2003
    Post Count: 2,429

    You’ve got 6 years after moving out. However if you moved into another house that you own, you need to choose which one was your PPOR for the period. Then if you sell the second one, you have to pro rata for the Capital Gain.

    Cheers
    Mel

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

    David, it also may depend on if you wish to class another property as your main residence for the same period.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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

Viewing 4 posts - 1 through 4 (of 4 total)

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