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I bought my 1st house in NSW, June 2003 for $140K, lived in it till April 2008 and rented it out to present day, bought 2nd house Brisbane, June 2008 for $340K. I am thinking of selling 1st house, now worth $280K, the 2nd house (currently living in) is principal house so the bank says,,,,,,,,how much CGT if I sell the 1st house now?
BJ
P.S…………My partner has a house rental owing $115K, should we pay it out or most of it and use it as a tax write off?
june 2003 140k to April 2008 Assuming was PPOR
2003 – 180 day approx
2004 – 364 days approx
2005 – 364 days approx
2006 – 364 days approx
2007 – 364 days approx
2008 – 93 days approx to April
Add up days = 1729 days ppor use
April 2008 – 2009 – 271days
2009 – 2010 – 364 days approx
2010 – now – 240 days approx
total rental days = 875
875 / 875 +1729 = .336 of capital gain taxable
140 k * .336 =47k that is taxable
divide by 2 as over twelve months ownership
23.5 k taxable gain
if joint owned 1/2 again (and add to each assessable income)
add to yearly income
calculate tax based on what marginal tax bracket the addition pushes total assessable income to.should we pay it out or most of it and use it as a tax write off?
Do not understand how paying out a loan is a tax write offMeant that pay out partners house or most of it and use it as tax write off?
Real estate guy said it was worth $260K in April 2008 and because I lived in it 2003-2008 that CGT is only on the difference of that amount compared to the $280K it is worth now??????? ($20K) my income currently $105K
I have heard you can sell your PPOR up to 6 years after moving out and not pay any CGT, not sure if this applies if you have a new PPOR though.
Solomon10 wrote:I have heard you can sell your PPOR up to 6 years after moving out and not pay any CGT, not sure if this applies if you have a new PPOR though.it could possibly apply – though CGT would apply to the 2nd house during the overlap period. Which to claim may depend on growth during this time – chose the highest growth property as the main residence.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You sya your partner has a house too. If your partnerw ould be entitled to claim that house as a PPOR for part of the time you have been together then you and your partner would have to elect which house had PPOR status or half of each house. Otherwise your real estate agent is correct although you should have a valuation done in case you are audited. Selling costs including commission would also reduce your capital gain
The bank I used would have the estimations for both properties when I bought the Brisbane house. My partner only came onto the scene last year.
Bank said they valued the 1st house March 2009 @ $280K so I would imagine that it was worth around that in April 2008 when I moved out? So if I get $280K for it now does that really mean I don't pay CGT at all?
Possibly you may even have a capital loss.
You will need something better than the "bank said" though if audited.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The bank has an independant appraisal on their records, wouldn't that be ok if audited?
Can you prove that?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No, the ATO is auditing you, not the bank.
If you did not commission the valuation then the valuer (nor the bank) may not extend the right to use the valuation to yourself. The purpose of the bank's valuation is for mortgage purposes which differs greatly from a valuation for market value for the purpose of a sale.
I believe the real estate agent also has an estimation at the time of renting in April 2008, would that be enough as how do I know what the real estimate is? at that time?
Agents estimates are worthless from a tax perspective as they are mere pitches to get your business and not valuations.
You can actually order a valuation and instruct the valuer that you want the value of the property as of a certain date.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
How are you to know what the property is worth at the time of vacating and renting out? especially a couple of years ago?
valuation
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
But thats what the bank did in march 2008 as stated above??????????? when I refinanced.
Have you got a copy of the valuation?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The bank has it on file, also the real eastate has a valuation on file also, wouldn't that be enough to satisfy an auditor?
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