All Topics / Creative Investing / Capital Gains

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  • Profile photo of MichaelKMichaelK
    Member
    @michaelk
    Join Date: 2003
    Post Count: 24

    Hi All,

    Does anyone know a way around paying the capital gains tax on your wrapped properties the same year you settle. Just imagine you complete 10 wraps or more in one financial year and the money has only just started to roll in form your investments, however come tax time you are charged capital gains tax (from the principal profit on your sale)on all ten properties that year. Thats some tax bill, and you wil have only recieved a minute percent of your actual profit. I know once settlement takes place the property is officialyy sold but does anyone know of a way around this concerning wraps. There may not be one, in which case planning ahead for the expense is necessary, but i did get caught this year.[embarassed] Any advice would be good Steve, that is one point I havent noticed in either of your books.

    Regards

    Michaelk

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    “We aim for Perfection, however excellence will be tolerated.”

    Profile photo of Fast LaneFast Lane
    Member
    @fast-lane
    Join Date: 2004
    Post Count: 527

    You only pay CGT after contracts have been exchanged. In a wrap you dont exchange contracts with your purchaser until they make their last repayment, 25-30 years down the track, unless they re-finance earlier, rather than taking the loan to term.

    Profile photo of MichaelKMichaelK
    Member
    @michaelk
    Join Date: 2003
    Post Count: 24

    Thanks G7,

    I will try to explain it to my accountant again and see what he comes up with.

    Michaelk

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    “We aim for Perfection, however excellence will be tolerated.”

    Profile photo of DerekDerek
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    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Michael,

    Try this link – Julia is an accountant and makes a number of comments in this thread that may be of use to you.

    https://www.propertyinvesting.com/forum/topic/11683.html

    Derek
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    Property Investment Support Available. Ongoing and never stopping. PM welcome.

    Profile photo of MichaelKMichaelK
    Member
    @michaelk
    Join Date: 2003
    Post Count: 24

    Thanks Derek

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    “We aim for Perfection, however excellence will be tolerated.”

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

    G7,

    With property the ATO considers a sale to occur when contracts go unconditional, I haven’t kept up with CGT and wraps, but my understanding is with a wrap contracts are unconditional when or before the wrappees move in, and therefore CGT may be payable that year. If contracts are not exchanged or unconditional, then the wrapper does not have a contract with the people who will be buying their property, and they could simply walk out anytime.

    Michaelk, I know a good way, try using a lease option instead of an installment contract.

    Terryw
    Discover Home Loans
    North Sydney
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    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

    Profile photo of MichaelKMichaelK
    Member
    @michaelk
    Join Date: 2003
    Post Count: 24

    Thanks Terry,

    That is always a thought. However I have done further research and have found that through new tax ruling this year in march, wraps can be classed as trading stock, therefore the cgt can be delayed. Julia said as much in the thread that derek recommended aswell.

    Thanks again

    Michaelk

    [email protected]

    “We aim for Perfection, however excellence will be tolerated.”

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