PPOR purchased with tenant on lease

Discussion in 'Accounting & Tax' started by Cia, 31st Dec, 2016.

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  1. Cia

    Cia Well-Known Member

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    Hi Folks

    Hope you can help. I'm perplexed re my CGT liability for a new property I settled on 3 Dec 2016.

    I purchased it as a PPOR intending to renovate with bathroom and kitchen, live in and sell at a profit to upgrade sometime down the track with the hopefully substantial profit that is CGT free. I also tend to move a bit and like to rent out my PPOR so I take advantage of the 6 yrs before CGT kicks in esp as this property is a bit small I can only see myself in it for 2 years probably.

    But the property I bought has a tenant on a lease until March (was originally told it was month to month but ends in March 2017 - I went ahead with purchase anyhow as I felt it has great potential to increase in value)? But now I've lost the 6 yr period. Is there any way around this?

    Or if I consider this now to be a totally Investment property purchase, then if I move in for say 2 years can I still claim the interest on the mortgage still against it as an IP if I live in it between tenants? What records do I need to keep? Do I need to do valuations before and after renos?

    Your advice is appreciated. Cia
     
    Last edited: 31st Dec, 2016
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    See your accountant about the issues raised.

    The forum has plenty of posts on these matters.
    Also read 1st world problems.
     
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  3. wylie

    wylie Moderator Staff Member

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    This is not advice, but merely my understanding of how things work.

    My understanding is that you won't be able to treat it as your main residence if it was first used as an IP. So I believe that getting a valuation won't help you and when you sell, your capital gains will be assessed on a time basis. If you hold it for four years and during that time you move in for two years, I think you will be up for capital gains for half the time owned. That gain would be halved for holding longer than twelve months I think, like any other gain.

    Records would be changing your address on the electoral roll, moving the power and utilities into your name, having your mail sent to the house, basically all the things you would do when you move into a place.

    It would be different if you could have moved in immediately it settled, and I doubt you can get around that.

    You need to speak with your accountant and if he doesn't know the answers he either finds out, or you do, by asking the appropriate people (ATO?).
     
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  4. Marg4000

    Marg4000 Well-Known Member

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    1. Immediately, or in plenty of time, issue appropriate notices to tenant that you won't be renewing their lease. Check time frames carefully to make sure you comply.

    2. Move in in March, do your renovations etc and establish it as your PPOR.

    3. When you move out of what is now your PPOR, as far as I am aware you should be able to trigger the 6 year CGT exemption possibilities. Check with your accountant.

    4. While rented at any time interest, expenses etc are deductible. Rate, insurance etc will have to be proportional. You can't pay an annual bill and claim the lot if only rented fir part of the time.

    5. The initial three month tenancy will always be subject to CGT. When you sell, you will count up the months rented and the months PPOR (6 year exemption possible). The proportion rented will be subject to CGT. Keep good records of dates in and out. No valuations needed as IP first.

    But this is my understanding only.
    I am not an accountant.

    If this is your first IP purchase, it would probably be well worth it to speak to an accountant to start out doing things correctly, rather than having to correct or amend things further down the track.
    Marg
     
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  5. Terry_w

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

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    It can't be the main residence until you live in it. But if you move in in march that is only about 3 or 4 months that it had been subject to CGT. It will then be worked out on a time basis.

    If you sell in say 8 months then 50% of it would be subject to CGT and then the 50% CGT discount applied.

    If you sell it after 6 years it would be something like. 5% of it that would be subject to CGT - the longer you hold it the smaller the CGT will be.

    And interest and other costs while you are living in it will be able to be used to reduce any CGT - so it may end up being nil.

    You could use the 6 year rule once you move in and then out again

    See:
    Tax Tip 86: Don’t be so fearful of generating income from the main residence https://propertychat.com.au/communi...nerating-income-from-the-main-residence.6302/
     
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  6. Cia

    Cia Well-Known Member

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    Fabulous thanks Terry_W. I was confused about how to claim the interest - so when I'm in it I can't claim against my PAYE annual tax, just against the CGT costs for an investment?
     
  7. Terry_w

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

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    yes
     
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  8. Cia

    Cia Well-Known Member

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    Great thanks very much.