All Topics / Help Needed! / Turning investment property into PPOR & getting it valued
I'm moving into my investment property to live in the next couple of weeks and was told I should get it valued so that I only pay capital gains tax on the value of the property now than what the value would be years later if I sold it. I asked my bank what it would cost for them to value it and they said approx. $150 which seemed reasonable. I've been told that banks usually provide a lower value for the property…but then again, that might be a good thing for capital gains tax purposes in the future right? I guess my question is, should I get it valued by the bank for $150 or is there a better alternative?
theplatypus wrote:I'm moving into my investment property to live in the next couple of weeks and was told I should get it valued so that I only pay capital gains tax on the value of the property now than what the value would be years later if I sold it. I asked my bank what it would cost for them to value it and they said approx. $150 which seemed reasonable. I've been told that banks usually provide a lower value for the property…but then again, that might be a good thing for capital gains tax purposes in the future right? I guess my question is, should I get it valued by the bank for $150 or is there a better alternative?Whoever told you this is incorrect. (I'm assuming it wasn't your accountant?)
If your property goes from investment to PPOR, you pay CGT on the percentage of time it was an investment.
ie – buy for $250,000, sold for $550,000, rented for 60% of the ownership period. Capital gain = $300,000 x 60%, = $180,000.
You only need a valuation if the property is going from PPOR to investment, not the other way around.
Wow, it actually was my accountant although maybe he hasn't been updated as they used to do it the above way previously right? So if this is the way they do it now, then I guess I don't need to get it valued?
Dan,
What about s118.192?
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.192.html(and what happened to s118.196, repealed by the look of it)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Hi Guys,
Terry is it true that if you buy a property, which is your PPOR, then say at some point (say 2 years later) it becomes an investment property. You don't have to pay any CGT(if you sold it) for six years after you lived in it?
Your thoughts?
Dean
Hi Guys,
Terry is it true that if you buy a property, which is your PPOR, then say at some point (say 2 years later) it becomes an investment property. You don't have to pay any CGT(if you sold it) for six years after you lived in it?
Your thoughts?
Dean
Yes, it may be possible under certain circumstances
see s118-145 ITAA
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.htmlTerryw | 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
Dean, that provision assumes you dont have another property which you are claiming as a PPOR.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
So, to sum all of this up (as I seem to be getting conflicting advice from people including my accountant), I definitely don't need to get my investment property valued before I move in there to live for good? And CGT would only be calculated on a percentage basis – so if the property was valued at $300,000 when I first bought it six years ago and if I move in next week and live in it for six years and sell it in 2016 (when it's valued at $400,000 for eg), I would simply pay 50% CGT on the $100,000 profit I assume? Today's value of the property (let's assume $350,000) would therefore not even come into play since the CGT calculation looks at the value when I first bought it six years ago right?
i really dont like capital gains tax…
Terryw wrote:Dan,What about s118.192?
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.192.html(and what happened to s118.196, repealed by the look of it)
Sorry, I had this around the wrong way – This section applies when converting a PPOR to an investment. Then you will need a 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
s118.185 is the section concerned with moving into an investment property.
s 118.185
Partial exemption where dwelling was your main residence during part only of ownership period
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.185.htmlINCOME TAX ASSESSMENT ACT 1997 – SECT 118.185
Partial exemption where dwelling was your main residence during part only of ownership period
(1) You get only a partial exemption for a * CGT event that happens in relation to a * dwelling or your * ownership interest in it if:
(a) you are an individual; and
(b) the dwelling was your main residence for part only of your * ownership period; and
(c) the interest did not * pass to you as a beneficiary in, and you did not * acquire it as a trustee of, the estate of a deceased person.
(2) You calculate your * capital gain or * capital loss using the formula:
where:
"CG or CL amount" is the * capital gain or * capital loss you would have made from the * CGT event apart from this Subdivision.
"non-main residence days" is the number of days in your * ownership period when the * dwelling was not your main residence.
Note: The capital gain or loss may be further adjusted if the dwelling was used to produce assessable income: see section 118?190.
Example: You bought a house in July 1990 and moved in immediately. In July 1993, you moved out and began to rent it. You sold it in July 2000, making (apart from this Subdivision) a capital gain of $10,000.
You choose to continue to treat the dwelling as your main residence under section 118?145 (about absences) for the first 6 of the 7 years during which you rented the house out.
Under this section, you will be taken to have made a capital gain of:
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
Terryw wrote:Terryw wrote:Dan,What about s118.192?
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.192.html(and what happened to s118.196, repealed by the look of it)
Sorry, I had this around the wrong way – This section applies when converting a PPOR to an investment. Then you will need a valuation.
Sorry for the slow reply Terry. Yes, you're right, this section is for PPOR to investment.
I was told by my accountant that this CGT 6 years exemption only applies when you have less than 2 properties under your name and you only claim 1 PPOR at any point of time. If you have more than 2 properties under your name or claim 2 properties both as PPOR then you can't get this CGT exemption.
You can only have one main resident at any one time (can have 2 over 6months under some circumstances), but you could have 100 properties and still claim 1. You could actually claim 6 or more- just not at the same time.
Read the leglislation, a118.145 above.
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
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