All Topics / Creative Investing / How do you save on Capital Gains Tax?
I was wondering what is the best or most creative way that you have found to save on Capital Gains Tax? It probably been talked about 100 times, but I'm interested in peoples thoughts. We all may save some tax $$
– buy another house and pre-pay the interest for the 1st year.
– increase your life insurance/income/trauma etc and pre-pay for the the year
– take out a stocks investment loan and pre-pay for the yearLive in it as ppor or hold on to it for 12 months or sell at a loss.
CG's are worked out and then added to your other taxable income. So the main way of reducing CGT would be to decrease your other income as much as possible. To do this you can use some strategies outlined by pwinne above.
Another method is to defer CGT until you will have a low income year. Or maybe exchange contracts on 01 July to put off paying it for another 12 months. You will then have more time to plan on reducing your income that financial year. You may also be able to sell some shares or other investments which have capital losses so that these can be used to reduce the CGs.
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
Sure it is a typing error by Terry but CGT is calculated on the Contract date (of course depending in which State you are in this could be the Exchange date) so just need to watch that.
One way of eliminating CGT is never never sell.
Appreciate it sounds silly but it does work.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
Hi Richard
I beleive this is a bit of a grey area.
The contract could be signed dated say 30 June with a condition that finance be approved which would occur say 01 July. The contract would not be binding until 01 July so I think this would technically be the date of the contract for tax purposes.
But, I am not sure and this can have huge implications so please check before signing.
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
Hi Wade Anthony,
This is my strategy and I’m 100% sure that it is NOT the best but it works for me.
Wherever possible, I sell in July. Or I delay settlement till 1 July so I am able to have 12 months in which to put in place a tax minimisation plan. Remember that tax minimisation is not the same as tax avoidance. The former is legal, the latter illegal.
Please note, I said, whenever possible. This means the benefit should far outweigh the negative, in terms of timing.
Tax minimisation may mean spending some of the sale proceeds to do some repairs or capital investment in another property. Or, re-investing the tax dollar before it is required to pay ATO.
When I sell in July, CGT is not payable for another 12 months, and then I waited till October to file my income tax. If I’m anticipating tax refunds, I file in July. If I’m anticipating owing ATO money, I file in October. Time, after all, is golden. It can be your best friend.
I hope this makes sense.
Angelina
If I buy a house fo $200 k, renovate it and then sell it for $250k that means I will be paying ~ 25k in CGT however if i used the 50K profit as a downpayment on another house does that mean I pay no tax on it?
No you will be paying it on $50,000 less of course certain adjustments.
Doesnt matter what you do with the cash you still pay Tax on it.
Think you are getting confused when it comes to selling a going concern business.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
Larry I was told about a 'Replacement Asset' or similar that if you reinvested the the CG it could be deferred onto the new asset(income producing). I read the sections in the Tax laws but couldnt really work out if it applied to property investment. Can anyone explain if that is a possibility ?
Can you pre-pay a variable interest only loan?
You cannot prepay any variable loan. You would need to fix the loan for at least 12months (otherwise the rate could change and the interest prepaid will be too much or too little). IO can be prepaid
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
Can you put any of the CG into your super? Would that be beneficial?
Was wondering that today too. If I put the money into my super will I pay less CGT on it that if it just goes into our account?
My parents were discussing with me today whether there was any way to avoid a huge CGT bill on my inheritance from them. The inheritance will be solely from their property which is their PPOR. I saw on the ATO website the following
Since 21 August 1996, if you inherit a house that was the ‘main residence’ of the person you inherited it from, you may be able to claim a full CGT exemption for it. If you can’t, you will need the market value of the house at the date of their death and details of all relevant costs incurred after that.
Does this mean that their house being their PPOR and them having owned it since 1990 would be CGT free or is it only if you meet certain other criteria?
larrytheinvestor wrote:If I buy a house fo $200 k, renovate it and then sell it for $250k that means I will be paying ~ 25k in CGT however if i used the 50K profit as a downpayment on another house does that mean I pay no tax on it?You don't pay $25K CGT. That's the amount that is added to your income (minus purchase costs, reno costs etc).
You could always sell and take the year off work (or 6 months to lessen your income for that year).
If you bought a place for $200k, and sold it for $250k, it goes like this:
Acquisition Costs:
Property $200,000
Stamp duty $10,000 (approx)
Building & Pest Inspections $500
Solicitor Fees $800
Total $211,300Renovation Costs:
Let's say $7,000
Holding Costs:
Bank Interest: $520
Selling Costs:
Real Estate Agent (Selling Agent) $5,000
So it goes like this:
$250,000 – $211,300 – $7,000 – $520 – $5,000 = $26,180
Let's assume you hold the property for a year to reduce the CGT. So you put a tenant in it for a while because you are not going to spend a year renovating a $200k property, and you won't leave it empty. So you get the 50% cgt discount. So CGT will be calculated on half of $26,180 which is $13,090. This figure ($13,090) will be added to your day job taxable income to determine the overall tax you owe the ATO for the year. If you are in the 37% tax bracket, you'd thus owe about 37% of $13,090 which is $4,843.30. So your "true profit" is actually $26,180 – $4,843.30 = $21,336.70.
Now. Remember that property goes up in price about 10% a year. Since you originally bought a place worth $200k, the same place would be worth $220k after a year. Not really worth it in my opinion. Especially since you are also going to have to pay stamp duty to buy back into the market. This sort of stuff would be more a buy, renovate, get bank revaluation, use equity as a deposit on another place…. and hang onto the original place as well.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
lbluedento wrote:Was wondering that today too. If I put the money into my super will I pay less CGT on it that if it just goes into our account?It may be possible to reduce your taxable income by making a deductible contribution to your superfund, and this will therefore reduce the CGT payable.
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
lbluedento wrote:My parents were discussing with me today whether there was any way to avoid a huge CGT bill on my inheritance from them. The inheritance will be solely from their property which is their PPOR. I saw on the ATO website the following Since 21 August 1996, if you inherit a house that was the 'main residence' of the person you inherited it from, you may be able to claim a full CGT exemption for it. If you can't, you will need the market value of the house at the date of their death and details of all relevant costs incurred after that. Does this mean that their house being their PPOR and them having owned it since 1990 would be CGT free or is it only if you meet certain other criteria?In Australia there is no tax on inherited property. But you could be up for tax on any future growth in the property. The tax issues around this are complex and it will depend on a lot of things such as:
PreCGT property v post
Investment v main residence
use of the property after inheritance etc.eg property purchased prior to 1986 (or there abouts) will be CGT free even if it was a rental. But if you inherit a pre CGT property the property loses its CGT free status and you are taken to have acquired it at market rates at the date of death of the previous owner.
You should also look into your parents setting up a testamentary discretionary trust within their will, or giving an option in the will for form one, so that property passes to a trust. This will give you considerable tax advantages and considerable asset protection as well.
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
Qlds007 wrote:Sure it is a typing error by Terry but CGT is calculated on the Contract date (of course depending in which State you are in this could be the Exchange date) so just need to watch that.One way of eliminating CGT is never never sell.
Appreciate it sounds silly but it does work.
Cheers
Yours in Finance
Pushing CGT into a low income year is a key strategy as mentioned. One method I have used to help postpone a sale into the next financial year was to use a put/call contract for the sale, secured the price for the property and pushed the sale event into the next year.
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