All Topics / Help Needed! / CGT payable?

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  • Profile photo of jimidixjimidix
    Member
    @jimidix
    Join Date: 2012
    Post Count: 2

    Hi, Ive read a lot of post about this and a lot on the ATO website but i am now even more confused…. I want to know if I am CGT exempt or get a discount on the following:

    Bought a unit in 01 Sept 2009 and lived in it for 13 months as my PPR. Purchase Price was $426.5K

    I then bought a House and moved into that on 01 Oct 2010 which I used as my PPR and have done ever since. I then rented out my Unit from 01 Oct 2010 and it has remained tenanted since that time. I had the unit valued at this point 01 Oct 2010 at $465K.

    I am now looking at selling the unit for $500K (no other significant costs in the sale as its too a family member). Settlement date would be 01/11/2012.

    Do I calculate the CGT on $500K – $465K = $35K @ 50%? I dont believe I am fully exempt (the 6 year rule) as I have used another property (the House) as my PPR during the time i rented the Unit.

    OR, do I calculate it based on proportion the unit was used as investment? eg Sale Price $500K – original Purchase price $426.5K = $73.5K  then multiply this by the % of time it was used as investment? (ie Days used as Inv / /Total days owned)?

    thanks,….

    confused :/

    Profile photo of aussieguy2000aussieguy2000
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    @aussieguy2000
    Join Date: 2010
    Post Count: 81

    I cannot say for certain, but I would guess that the value after you moved out is the portion that would go toward CGT, check with an accountant or wait for a response from someone who knows for certain.

    Remember to add other items to reduce the CG, a good tax accountant when it comes time to pay your dues will be important, costs such as capital improvements (installing a new room or garden extra garage etc) all go towards that, as well as stamp duty and any other costs that are not tax deductible (building/pest reports etc) these all lower the amount of CGT payable, of course they would have to be apportioned to the % of time lived and time rented.  A true capital gain is only what you have actually made on the property after everything you have spend on the place. Again spending extra cash on a knowledgeable accountant verse a $50 tax guy at your local Westfields will pay dividends here (not saying you use these type of people but just pointing it out).

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

    Definitely agree with AG2000. Your accountant is in the best position to advise how much cgt will be due. The cost base will be adjusted by any depreciation that you may have claimed also.

    Profile photo of CatalystCatalyst
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    @catalyst
    Join Date: 2008
    Post Count: 1,404

    You are correct, you can't use the 6yr rule if you are claiming the current property as your PPOR. Has that had any CG? If not leave the first one as your PPOR.

    Yes basically    $500K – $465K = $35K is your capital gain. But you deduct buy costs, sell costs etc,  then multiply by 50%?

    So by the time you take out stamp duty ($18K if in NSW) and other costs, then halve it you won't have a high CG. I think you apportion the buying costs to the time it was an IP.

    But then you add that to your income. So you can reduce the amount you pay in other ways too. EG Take some time off without pay, salary sacrifice some of your income to super in the year you sell etc.

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

    You might even end up with a loss!

    Make sure you get a valuation done for the sale too because the ATO may argue you are selling under market value if there is a family member involved.

    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 jimidixjimidix
    Member
    @jimidix
    Join Date: 2012
    Post Count: 2

    Thanks to everyone for the quick replies – i really appreciate it smiley

      I will be using an accountant when the time comes, but i was just trying to do some 'high level' calcs in anticipation of next years Tax Return.  

    Terry W, would an Agents market appraisal be sufficient at time of sale? (the family member wll not be applying for finance so wont be getting a val done) – cheers

    All these replies have helped me so thankyou all  smiley

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

    Terry W, would an Agents market appraisal be sufficient at time of sale? (the family member wll not be applying for finance so wont be getting a val done) – cheers

    No. These are essentially worthless.

    OSR may also insist on a valuation for stamp duty purposes.

    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 aussieguy2000aussieguy2000
    Participant
    @aussieguy2000
    Join Date: 2010
    Post Count: 81
    Terryw wrote:

    No. These are essentially worthless.

    OSR may also insist on a valuation for stamp duty purposes.

    Not to mention that an agents valuation can often be optimistic and more than a real valuation, they may quote at 10-20k above what a real value is, meaning you pay more CGT..

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

    Yep, good point!

    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

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