GST on sale

Discussion in 'Accounting & Tax' started by Thedoc, 17th Sep, 2020.

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  1. Thedoc

    Thedoc Well-Known Member

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    Hi all,

    Just a question regarding how you calculate GST on the sale of a house which is 2 years old?

    Is it based off build cost ?
    Is it GST paid on materials?
    Off purchase price?

    The house was purchased and built under a company name. Any help much appreciated!

    Thanks
     
  2. Terry_w

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

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    Sale price
     
  3. Thedoc

    Thedoc Well-Known Member

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    Thanks terry. So just 1/11th of sale price?
     
  4. Terry_w

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

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    Yes - if GST applies
     
  5. Thedoc

    Thedoc Well-Known Member

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    Thank you!
     
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  6. Mike A

    Mike A Well-Known Member

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    why are you not using the margin scheme ?
     
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  7. Thedoc

    Thedoc Well-Known Member

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    Hey Mike,

    I’ve just been reading about the margin scheme. Sounds like the way to go. Is it basically worked out the sale price minus expenses (ie cost of build) and then GST paid on the difference.

    So sale price = $900k
    Cost of build = $400k

    Profit = $500k

    GST = 1/11th of $500k

    Correct?

    Thanks for your help
     
  8. Paul@PAS

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

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    No.

    The first thing is to check you are eligible to use the margin scheme. The margin is the sale price less the land cost and other costs are ignored. You may also need to consider what GST was incurred on construction activities and eligible for a tax credit to offset the GST payable. This is based on tax invoices held and will include final selling costs like the legals and agent fees. And the sale will result in GST withholding and that is credited to the BAS as well. Calculation of final profit is based on GST exclusive values

    If the company produced a profit, tax advice on how this is taxed would be wise. You cant just take it without a tax consequence. You could end up with a company paying tax and yourself as well and an inability to use franking credits for example.
     

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  9. Hamish Blair

    Hamish Blair Well-Known Member

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    Is the company registered, or required to be registered for GST?

    What happened in the intervening two years? Rented out? Actively marketed for sales? Do these things matter?
     
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  10. Thedoc

    Thedoc Well-Known Member

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    Thanks Paul!

    Gday Hamish.

    - company is registered for GST

    - advertised for sale brand new - didn’t sell

    - then rented for 15 months

    - then sold

    Thoughts?

    Cheers
     
  11. Paul@PAS

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

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    Gst adjustment to build costs...gst claim must be reduced.
    Margin scheme?
    Profit calcs
     
  12. Hamish Blair

    Hamish Blair Well-Known Member

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    Paul, how will the GST claim be reduced?

    OP - did you claim back the GST on construction costs in the first place? And if so - was this repaid when you decided to rent rather then sell?
     
  13. Paul@PAS

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

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    There is a formula contained in the relevant tax ruling GSTR 2009/4 (and others). This adjusts the value of the input tax credits for the change of creditable use of the property . The value of rent received as a % of total income (sale + rent) will reduce the tax credits (See Para 117 etc)...The longer its rented the larger the reduction.

    Note also the 5 year rule and its modification by the 4 year tax invoice rule. Input tax credits are limited to 4 years after the tax period in which the credit was attributed (often in the quarter when paid)..