All Topics / Creative Investing / Lease Options & CGT Discounts

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  • Profile photo of McHenryMcHenry
    Member
    @mchenry
    Join Date: 2005
    Post Count: 45

    Hi guys, I am looking to sell an IP that I purchased in September 05.

    To be eligible for the discounted CGT rate I must own the property for greater that 12 months.

    If I sold the property on a lease option with a duration of 2 years and was exercised after 2 years would I then be eligible for the discounted CGT rate ?

    Thanks

    Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    yes! as long as they dont exercise it in the first 12 months.

    We buy properties in Adelaide. No Agent Fees.
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    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    It has nothing to do with the dates of settlement more importantly the date of the purchase contract.

    You would assessed under the emerging profits ruling.

    Richard Taylor
    Residential & Commercial Finance Broker
    Ph: 07 3720 1888
    [email protected]

    Richard Taylor | Australia's leading private lender

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

    I am not an accountant, but would think that the option is separate to the sale. The ATO assess the CGT on dates of the contract of sale. So initially you would only be entering into an option agreement. The contract of sale would come later, if or when they decide to cash you out.

    But I beleive the option fee is taxable as a capital gain.

    Terryw
    Discover Home Loans
    Parramatta
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    Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    Terry is correct!
    the fact that you have an option on something has nothing to do with CGT or any other tax. It’s when the purchase takes place that makes a difference.

    Im not an accountant either, just my thoughts

    We buy properties in Adelaide. No Agent Fees.
    [email protected]
    phone 0412 437 582

    Profile photo of AmandaBSAmandaBS
    Participant
    @amandabs
    Join Date: 2005
    Post Count: 549

    We also bought a house in Sept 05, renovated and sold in Dec 05 with a Gain of $60000. Yes it is all taxable but we’ll offset that with super contributions, and the tax isn’t due until April 2007. We sold because the most gain from the property was after the reno, we didn’t want tenants wrecking our hard work, the interest on holding the property for 12 months would soon eat into our profit and that assumes that interest rates don’t increase causing values to drop. We needed the cash to build a sewer line on a land we’re subdividing so we took the cash when we could.
    Not sure about the option thing it would be best to ring an Accountant I’ve been “retired” for too long.

    Amanda
    “It is better to be inconspicuously wealthy, than to be ostentatiously poor…”

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