All Topics / Help Needed! / Advice needed

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  • Profile photo of jasevr4jasevr4
    Member
    @jasevr4
    Join Date: 2005
    Post Count: 19

    Hi there,

    I have a few questions, but in order to ask them properly I need to do some explaining first! Please bear with me!

    Firstly, my fiancée and I are living at home, both working full time. We purchased a block of land (10 acres) last year that we intend to build on in about 5 years time when we want to start a family.

    Our intentions were to keep living at home for another year or so, and pay off as much of that loan as possible (we have an offset account, with an interest only loan – don't worry, we are very diligent and make sure that we are saving at a bare minimum as much as we would be repaying with a normal principal and interest loan!). In around 6 months we planned to buy a property (unit, etc) that we would rent out for 11 months, then move into (to get the FHOG).

    We would live there for a few years, and then build on and move to our property, and keep the unit as an IP. We aren't particularly risky people, so I can't see us ever having a lot of IP's, but one or two would be a happy medium I believe.

    My questions are:

    1. If we were to agist stock on out land and obviously make a loss (payment for agisting would be far less than our interest repayments), would we be able to claim our interest in our tax?
    2. If we rent out the unit before we live in it, will we be able to claim it as our PPOR when we move in?
    3. If so, when we build and move into our new house, do we have six years to sell our unit before we have to pay capital gains? Or would our new house automatically become our PPOR and we would have to pay capital gains when selling our unit?
    4. Does this seem like a reasonable plan, or is there a better option than buying a unit?

    Thanks for your time – I hope that all made sense!

    Profile photo of jasevr4jasevr4
    Member
    @jasevr4
    Join Date: 2005
    Post Count: 19
    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    1, I don't know about agistment, but you can claim the interest on vacant land if you had the intention to build on the land and rent out.

    2. You can only claim a place as your main residence once you have lived in it first. So if it is rented out first, you won't be able to claim the PPOR exemption during this period.

    3. You can only claim one house as your main residence. it is up to you on which you claim – probably the one with the most growth. You can chose which one to class as the main residence in the year in which you sell one of them.

    4. What about moving into the unit straight away and then move out back home and rent it out, negative gear it and retain the CGT free status.

    5. I am not an accountant so seek proper advice.

    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 LenKLenK
    Member
    @lenk
    Join Date: 2005
    Post Count: 8

    A friend had a lot of difficulty claiming the costs of vacant land. Seems that the ATO has to be convinced it could be a viable primary production business.

    Better check with a an accountant qualified in this area.

    Have fun!

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