All Topics / Legal & Accounting / Definition of an active asset in plain old english please!!!!

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  • Profile photo of BasilakisBasilakis
    Participant
    @basilakis
    Join Date: 2008
    Post Count: 4

    Hi,

    I need your help!!!!

    My parents purchased 2 blocks of land 4 years ago.

    They have a LOC to finance the loan. They service the loan every month

    The titles are in both their names (jointly owned)

    They are looking at building a house on one of the blocks (which has been subdivided into 2) therefore have 3 blocks in total

    Question:

    What do they need to do to register for GST?

    My mum is not self employed – she works for the education department

    My dad is self employed and has his own business – (i.e. has an ABN)

    As they will not rent the house and they will sell it after 13 months, what do they need to do to qualify for the small business CGT concession (i.e 50% reduction)

    Thanks

    Basilakis

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

    I was just reading about this today on the http://www.bantacs.com.au site. There is a PDF document on property investment.

    Going from memory, it seems that if someone is building with the intention to sell, then they need to register for GST if doing more than one property. There will be no CGT in this case as the property is an active asset. The profit is just income with no 50% deductions.

    But if the intention was to rent the property out long term, then there would be no need to register for GST and the 50% CGT reduction would apply.

    I think your parents need to see a good accountant and get some good 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 TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    http://www.bantacs.com.au/booklets/Rental_Properties_Booklet.pdf

    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 BasilakisBasilakis
    Participant
    @basilakis
    Join Date: 2008
    Post Count: 4

    Thanks for your advice Terry.

    I will look into it. Its very hard to find an account that is specialized in this area.

    Any people you recommend in adelaide

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Basilakis

    It is very hard to find an account that is specialized in this area. – Depends on where you are located ?

    Richard Taylor | Australia's leading private lender

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