land tax NSW regarding development

Discussion in 'Accounting & Tax' started by Liltwain, 23rd Jul, 2019.

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  1. Liltwain

    Liltwain New Member

    Joined:
    21st Jul, 2019
    Posts:
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    Location:
    Nsw
    We knocked down our primary home which we were living in until we started building last yr (which is in joint title with my husband) to build 4 townhouses.
    We'll be living in 1 townhouse and rent the other 3. The built is near completion, maybe 1-2 months for occupancy. Our 1st time building/developing so don't know what to expect.

    My questions: what would be the best structure regarding the land tax, CGT etc
    1. Should we apply for strata subdivision or keep as 1lot? (currently under 1 title)
    2. Is it possible to change so that 2 townhouses under my husband name and 2 townhouses under my name without incurring stampduty or CGT?
    3. What would be the best structure to reduce tax? Creating company/trust (we got 3 kids)?
    4. who/where I can seek/speak to regarding legal advice from?

    Thank you so much for your help.
     
  2. Terry_w

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

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    Australia wide
    what the best structure is for land tax won't be the best structure for CGT and won't be the best structure for income tax etc

    1. there are arguments for each
    2. generally not
    3. changing ownership will trigger CGT and duty
    4. a lawyer
     
    Scott No Mates likes this.
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    I'll add a few more questions that you'll need to answer with the accountant/lawyer/taxi driver:
    1. Subdivision will lead to owning 4 lots (+ common property) each rateable by council/water authority etc - what are your plans for holding/selling/dying/divesting? How will the extra costs impact your cashflow? New titles will require mortgagee consent, will you qualify under the current APRA restrictions?
    2. Have you got a deed of partition to cover this was the proposal to split the ownership?
    3. Are you based in a tax haven? Do you have access to a tax haven?
    4. Legal advice is provided by a solicitor
     
  4. Liltwain

    Liltwain New Member

    Joined:
    21st Jul, 2019
    Posts:
    2
    Location:
    Nsw
    Thank you Terry and Scott. I'm still trying to get my head around all these tax.

    So I've looked up what Scott mentioned.

    Does that mean i can reduce stamp duty with the deed of partition (Section 30 of the Duties Act 1997)? However i need to look at wether we can still get a loan if we were to have separate title.

    With CGT, I'm confuse because this is our principle home (just change from 1 dwelling to 4 dwellings now) we don't own any other property, so do we still get CGT if we change ownership?

    Terry do you accept new client now? Or anyone else that you can recommend for our situation?

    Not planning to sell, would like to keep for the kids if possible (only reason we build was the house was run down and hope the kids can live next to us when they're older: probably dreaming)