All Topics / Help Needed! / confirmation on CGT

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  • Profile photo of StratamanStrataman
    Participant
    @strataman
    Join Date: 2010
    Post Count: 9

    I’ve been searching this forum for a definitive answer on capital gains tax, my understanding of it is that you can rent out your PPoR for your property for 6 years CGT free, as long as I don’t move into another property of mine, is that correct?

    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    pretty much so, you are only able acknowledge one ppor at any point in time.

    Profile photo of Ben KBen K
    Participant
    @ben-k
    Join Date: 2010
    Post Count: 103

    I would like to add to this question;

    If i was to purchase a property (first one) in QLD but live in a different state, could i declare that home as my ppor if i am renting elsewhere and clain FHOG and have the 6 yr no CGT rule applied ?

    Appreciate any assistance

    Ben

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    FHOG requires that you actually live in the property sometime in the 1st 12 months.

    There have been several prosecutions for falsification of claims.

    Profile photo of Ben KBen K
    Participant
    @ben-k
    Join Date: 2010
    Post Count: 103

    Ok cool, thanks Scott for clarifying that for me,

    Getting to grips with the stamp duty, CGT and FHOG thing. slowly but surely!!

    thanks again

    Ben

    Profile photo of ShwingShwing
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    @shwing
    Join Date: 2005
    Post Count: 219

    For your PPOR to be possibly exempt from CGT you must also have moved into it as soon as practical. Eg. You can’t have left a tenant in there until the lease expired, and you can’t just let it sit there until you decide to move in (unless say you are renovating it to move into).

    With regards to the question about the 6 year rule for exempting you PPOR from CGT, you can move into another one of your rental properties, you just don’t say that it is your PPOR. Either way you never have to declare which one is your PPOR until you sell one of them. The rental property that you moved into may grow significantly in capital compared to your original PPOR. In which case it may be worth you while declaring the rental as you PPOR from when you moved into it, to reduce the CGT when you sell.

    Just remember to keep all records for expenses on both properties, just in case you later change the status of which one is your PPOR, because the unclaimed expenses can be used to adjust the cost base for CGT purposes.

    As for the FHOG, if you say buy a property and move into it after 6 months to satisfy the rules of the FHOG, you will be entitled to the FHOG. However, because you didn’t move into it straight away, it will never be totally exempt from CGT (unless you die while living there).

    Profile photo of StratamanStrataman
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    @strataman
    Join Date: 2010
    Post Count: 9

    Thanks Everybody!

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

    look at up the tax act. s118.145 ITAA 1997.

    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 Ben KBen K
    Participant
    @ben-k
    Join Date: 2010
    Post Count: 103

    Thanks for the response guys

    Thanks for that terry, just checking it out now

    Ben

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