CGT on residence over 4.94 acres

Discussion in 'Accounting & Tax' started by Twinadventurer, 30th Jan, 2021.

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  1. Twinadventurer

    Twinadventurer New Member

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    I know it’s a bit late but I’m after any advice on how to minimise the CGT on a property we bought 8 years ago & have lived in for 7 of them. We recently rented it out

    The property is on 10 ha (26 acres) with 1 house & 1 title.

    We’re being advised that cgt is applicable once the property is sold, which was a shock to us thinking that it was our residence & cgt free.

    The question is, how can we minimise the cgt once we have sold it.

    Thanks
    Gary
     
  2. Terry_w

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

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    Choose the 2 hectares of the property with the most value. You will need a valuer to work out the portions.

    Get some tax advice as well
     
  3. Twinadventurer

    Twinadventurer New Member

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    Thanks Terry.

    Would the capital gain be calculated any differently should we have remained occupation as opposed to renting it out?

    We had a valuation done prior to renting it out.
     
  4. Terry_w

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

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    Yes
     
  5. Twinadventurer

    Twinadventurer New Member

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    How so?
     
  6. Terry_w

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

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    Too much to go into. Get some tax advice
     
  7. Paul@PAS

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

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    The tax adviser should give careful advice on this. The best 2HA that also includes the dwelling can be chosen. The balance on the land must be connected. ie Three creeks. But if the arae containing the three creeks and a rocky hill can be a separate area this may work.
     
  8. Mike A

    Mike A Well-Known Member

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  9. Paul@PAS

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

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    Misworded. Skipped some words on a edit ... The dwelling must be part of the land that is exempt. Care should be taken with the area of the dwelling to maximise it and then to include other primary land. eg access areas, rail crossings etc. One farmer I know included a quarry as that was highly valued for roadworks and rail use. The balance of the land does not need to be connected but should be prime land. The taxable portion may ideally be poor land...ie Three creeks. . But if the arae containing the three creeks and a rocky hill can be a taxed area this may work.

    A diligent walk around by a valuer will assist provided they understand the scope.