How to I find out the settlement date of my investment property?

Discussion in 'Accounting & Tax' started by fcr, 4th Jun, 2018.

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  1. fcr

    fcr Member

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    I know this is a dumb question.
    I bought a property in 2011. It was mostly my primary residence but I rented it out more recently. I need to know the exact settlement date to do my tax. For the life of me I cannot find it in my records. Is there an easy way?
     
  2. Otie

    Otie Well-Known Member

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    in the original contract
     
  3. Athikalaka

    Athikalaka Well-Known Member

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    ^ as above. I've always referred to my original loan contract and made sure it matched my solicitor's disbursement letter. No issues with those 2 records so far.
     
  4. Paul@PAS

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

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    The settlement date isnt important for CGT. Its the contract date. Typically 43 days prior to settlement (sometimes). Often you may only have the settlement sheet from the lawyers.

    And if the property was owned MORE THAN one year then the specific dates arent really needed. Maybe for working out numbers of days. That can often be ascertained from a tax return ie date first rented. Other places where you can find the settlement date = Loan history for the draw down.

    Its not unusual to adjust the settlement date for the expected contract period of 43 days (or longer / shorter if thats your recollection) and over 8 years probably wont be highly material if its out by a few days.
     
  5. Athikalaka

    Athikalaka Well-Known Member

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    Contract date applies to all type of purchases? Such as House & Land packages and Off the Plan purchases?
    I have both kinds so I'll update them accordingly if that's the case.
     
  6. Terry_w

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

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    see
    CGT, FY, contract date, settlement date
     
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  7. Paul@PAS

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

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    Yes OTP contracts specifically. And of course then it dovetails with the main residence concessions IF the property is occupied as the owners main residence as soon as practicable AND also for at least three months. This allows the main residence concession to backdate UP TO 4 years so that complications with a land + house build or waiting of a OTP home/ apartmnet to complete are then simplified too.

    But if its a IP then the period between contact and settlement will be affected with the use of the property on its first day. eg If its a IP then the OTP period (2 years) will be taxable. If the OTP period is approaching and a significant profit is expected and there is opportunity it can pay to reside a minimum 3 months then sell. The loss of 3+ months for the former main residence may be worth it for the 2yr 3+mths exemption on the impending OTP.

    I recommend tax advice when making this choice to ensure all conditions are met. Its never a case of assuming you move in or seeking to defraud the ATO. Or making a fatal mistake of moving in and selling it within 3 months.
     
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