All Topics / Legal & Accounting / Can this strategy work?

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  • Profile photo of mav86mav86
    Member
    @mav86
    Join Date: 2010
    Post Count: 32

    Hi All,

    I am in the process of purchasing my first property and trying to determine the best way to structure things from a tax perspective. Can anyone please confirm if my plan below will work.

    – Purchase a property with a unrenovated house at the front on a large block (600sqm)
    – Make this house my PPOR for 6 months and renovate while living in property.
    – While renovating also subdivide the block and immediatley sell block to my sister or g/f.
    – Sister or g/f then build a house at the back as there PPOR.

    Once all is completed each home would have been lived in for above 6 months and can be sold as PPOR tax free. I am aware stamp duty will be payable when subdivided block is sold.

    Anyone have any thoughts on the above?

    Any help would be greatly appreciated.

    Cheers,

    Mav

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

    unfortunately you’ll be liable for cgt & possibly gst on the ‘newly created parcel of land’.

    All that glitters is not gold.

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

    You could possibly avoid GST by purchasing it int he exact same percentages as the final ownership and use a deed of partition. So when it is divided you are not changing any ownership percentages.

    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 mav86mav86
    Member
    @mav86
    Join Date: 2010
    Post Count: 32

    Hi Guys,

    Thanks for your response.

    Unfortunetly, I dont understand the reason why I would have to pay any cgt?

    Lets say I lived in a home for 2 years with a large block and then decided I didnt need half of it. If i subdivided and sold I thought I would not need to pay any cgt for the period in which I owned that portion as part of my PPOR.

    If I held the subdivided block and then built on it and used the proprty as an investment then the cgt would be calculated from that date or close to?

    Can shed some more light on the above.

    Cheers,

    Mav

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

    Mav

    Rather than confuse you with technical reasoning you might want to have a look at an article on just such a strategy on Bantics website http://www.bantics.com.au "How not to be a Property Developer".

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

    Profile photo of mav86mav86
    Member
    @mav86
    Join Date: 2010
    Post Count: 32

    Ok Richard.

    Is there anyone that can please elaborate as to why the cgt would need to be payable?

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

    You are creating a new block.

    Profile photo of chalkergroupchalkergroup
    Participant
    @chalkergroup
    Join Date: 2010
    Post Count: 10

    because you are making a capital gain bud?

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