Duplex - CGT and GST

Discussion in 'Accounting & Tax' started by denn84, 5th Dec, 2020.

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  1. denn84

    denn84 New Member

    Joined:
    15th Mar, 2020
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    Location:
    Sydney, NSW
    Hi all,

    Can I please get some preliminary advice? Situation I am in:
    • Bought a property with DA approved for duplex 12 months ago.
    • Been living in there since I bought it and I am looking to build the duplex now.
    • Looking to sell one and live in one (for a start)
    Question
    • For the one I am selling, can I claim full CGT exemption (as primary residence as I stayed in the property before development) at sale? I am planning to claim GST margin scheme for the one I am selling. Keen to get any comments on this.
    • For the one I am going to live in, I understand I cannot claim any GST and obviously no CGT as I am not selling. Can I still claim full CGT as primary residence? Is there restriction, e.g. I cannot sell within 5 years?
    Thanks!
     
  2. tedjamvor

    tedjamvor Well-Known Member

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    22nd Oct, 2019
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    Location:
    Melbourne
    Sounds like you need specific advice so that it doesn't end up costing you big down the road.
     
  3. Terry_w

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

    Joined:
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    Australia wide
    No and no.
    U need specific advice
     
  4. Hamish Blair

    Hamish Blair Well-Known Member

    Joined:
    29th Sep, 2015
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    Location:
    Melbourne
    Generally PPOR exempt from CGT and GST.

    Once you demolish the existing residence there is no PPOR to reside in!

    Get good tax advice.

    Sale of duplex possibly on revenue account as a profit from an isolated transaction.
     
  5. Paul@PAS

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

    Joined:
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    Sydney
    You mean free? Lol. Get personal advice. Google TD 92/135
     
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