Another CGT question

Discussion in 'Accounting & Tax' started by peterpan, 13th Sep, 2018.

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  1. peterpan

    peterpan Active Member

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    Have an IP , rented for 9 years.

    Original cost : $380,000

    Value today: $750,000 I have incurred a Capital Gain to point in time B

    If I go ahead and get a DA for 2 units, build and then sell. Will I be able to keep my Capital gain up to point in time B, where the property was held on capital account as the property was originally purchased for rental.
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    You want a free opinion? If i said no......the word build confuses me. May be a significant tax issue...no cgt at all gst and....

    You want a view that suggests CGT? Not likely
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Possibly.
     
  4. peterpan

    peterpan Active Member

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    I personally dont build. A builder does the building. Does that make a difference?
     
  5. peterpan

    peterpan Active Member

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    Paul says No way and you say Possibly????
     
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I generally say no way (until you get personal tax advice). May be reckless if I didnt. I dont want the ATO down my neck since they do profile advisers.

    If you have a builder build multiple dwellings and then you sell its seems like an enterprise and subject to income tax and GST. There may be way/s to limit tax and even GST. All possible. Maybe.

    There are strategies for the past CGT issue. Actually several
    1. K4 CGT event
    2. Use of a valuation method other than actual historical cost
    3. Timing of events
    4. ATO concession for real property sale settled in a later tax period
    5. Transfer to another entity
    6. Others a lawyer may recommend ie asset on trust
     
    Last edited: 14th Sep, 2018
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  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Well it could be possible. consider CGT event K4 for example
     
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