PPOR conversion to build to build tax consequences

Discussion in 'Accounting & Tax' started by goponcho, 19th Dec, 2018.

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  1. goponcho

    goponcho Active Member

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    Hi,

    We have lived in our PPOR for 4 years and have moved to another place.
    Plan was to originally sell PPOR, currently would be at a capital loss.

    Option would be to rent for a period then build then sell immediately.
    Current house bit old and small, would be a bigger market for new house in the area so the build should hopefully be profitable, including time/effort.

    1) If there is a capital gain at the end of this, will it be apportioned to period where it was an IP vs PPOR?
    2) And would the 50% capital gain discount apply if i build and sell immediately ?
    3) And the building costs would go into capital base presumably?

    Any other suggestions given current situation?

    Thanks!
     
  2. Terry_w

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

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    1. no
    2. probably has you have held it more than 12 months
    3. yes
     
  3. goponcho

    goponcho Active Member

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    Regarding 1,

    So having at a PPOR initially provides no benefit in discounting the capital gains rate at all?
    For example say i held it for 20 years, rented out for 1 year and sold it?
    Surely wouldnt get charged a capital gain for the whole period? Or would i?

    Surprising!
     
  4. Terry_w

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

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    you asked the wrong question it seemed.

    The cost base of the ppor would be the value on the date it is first income producing - plus other cost base expenses after that.
     
  5. Paul@PAS

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

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    Selling immediately after sale I doubt a CGT discount applies to the portion of the sale that is the new dwelling and is also a isolated profit making intention. Why doing that ?? Could be an enterprise and trigger a GST issue too. Its more than a mere-realisation. The asset is only created when it is completed !! The 4 year rule which backdates a property to the date construction initiates wont be able to be used.

    Just because it was your home doesnt mean its a CGT sale. The land portion would be a separate CGT asset and its portion may be discounted but if a loss than there is no discount anyway.

    Hope this demonstrates the need for personalised tax advice. It is a example of a complex situation that only experienced advice would consider.
     
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  6. goponcho

    goponcho Active Member

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    Perth
    Thanks guys, more complicated than i thought.
    Bit rusty on RE issues but will have a read up on some of those issues.

    Input much appreciated
     
    Terry_w likes this.