All Topics / Legal & Accounting / Capital Gains Tax

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  • Profile photo of doupinedoupine
    Member
    @doupine
    Join Date: 2003
    Post Count: 1

    We currently sold an investment property. We sold it because it was old and had no depreciation benefits – orginally we were going to knock it down and rebuild – land size 1100 – it was just costing us too much and townhouses starting coming around it so no good for a family home. Made a nice profit of $114,000 (after that bastard 2.25% exit tax) Have paid out the mortgage of $82,00 on our existing family home. Now have $30,000 left over to pay the CGT – delaying that until next March 05 – investing it for 12 months.
    We eventually want to buy another property (already have another 2 flats – doing nicely) now that we have extra cash each week after paying out the family home.
    Question is this…. I read somehwere about purchasing within 12 months of selling off your investment and then not having to pay the CGT. How does that work? Do you ever get hit with CGT on the 1st sale when you eventually sell the 2nd one?? The other question is the timing to find a bargain!

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781
    Originally posted by doupine:

    Question is this…. I read somehwere about purchasing within 12 months of selling off your investment and then not having to pay the CGT. How does that work? Do you ever get hit with CGT on the 1st sale when you eventually sell the 2nd one??

    I am not aware of that – perhaps you heard it in relation to the US where I believe you can rollover capital gain into subsequent properties?

    All the best,

    Simon Macks
    Finance Broker
    [email protected]
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of cloudancercloudancer
    Participant
    @cloudancer
    Join Date: 2005
    Post Count: 2

    I think what’s called the CGT event has already happened. Regardless of any new purchase. Check with the ATO

    Profile photo of surreyhughes19905surreyhughes19905
    Member
    @surreyhughes19905
    Join Date: 2003
    Post Count: 204

    There is the ability to roll over capital gains from one asset to another, though in Australia that is only avaialbe with certain business sales and not with IPs.

    I think it is called rolling over one “active” asset to another “active” asset. However once the final in the chain of assets is sold the CG crystalises on all previous events and should be calculated at that point.

    I have to warn you that i read this at the ATO in 2001 so a lot could have changed since then. The idea was that you could sell your ongoing business concern and use the proceeds to purchase another ongoing conern without paying tax (yet) with the idea that throughout the period you are “in business”.

    Still none of that applies to residential investment property, though it may apply to such things as hotel businesses (not just the hotel building) or retirement community businesses (not just the units involved).

    Oh and not that it is mentioned here but the word is advice as in “I will provide advice” not advise such as: “I advise you not to jump on your toes”

    [biggrin] just something that bugs me (also, a lot not alot)
    hmmm strange mood I’m in.[blush2]

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

    Surrey

    I recall reading something similar. There is CGT relief on the sale of business assets before retirement. There are limits in amounts and time limits as well. I think it has to be within a few years of retirement.

    The concessions are available for commercial properties that are owned as part of a business. eg a hotel.

    Terryw
    Discover Home Loans
    Mortgage Broker
    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

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

    Hi all,

    Surrey is correct investment properties, where a rent is received, are not classified as active assets and therefore you are not able to ‘roll over’ or defer any CG.

    It is ‘possible’ that doupine has confused the 12 month = 50% CGT discount rule. Not sure – just trying to shed some more light on the subject.

    Derek
    [email protected]
    0409 882 958
    Property investment advice and researched property in quality locations available.

Viewing 6 posts - 1 through 6 (of 6 total)

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