Tax on defacto relationships post property purchase

Discussion in 'Accounting & Tax' started by eggnog, 21st Sep, 2019.

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  1. eggnog

    eggnog Well-Known Member

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    Was wondering if this scenario is possible? If there is a likelihood I'll go visit my accountant for more specific advice :) Here is the timeline.

    • Bought a property as a single person a decade ago
    • Started a defacto relationship
    • A few years ago we demolished old house, subdivided, sold off one lot and built a new house on second lot
    • Rented house out immediately after build
    • Now looking to sell the near new house
    The question is, are we allowed to split the profit between the both of us (me and defacto partner) to minimise the tax payable? Not sure if relevant but after building the house we had our first bub together so yes definitely a proper defacto relationship.
     
  2. Terry_w

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

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    Yes if you are joint owners. No if your not.
     
  3. Mike A

    Mike A Well-Known Member

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    You will need to discuss with your accountant the fact that both properties will be subject to tax.

    This is based on the assumption you subdivided, sold one without moving in and rented out the other after construction was complete.

    Will also need to deal with the gst on sale as new residential premises
     
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  4. Ross Forrester

    Ross Forrester Well-Known Member

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    If the old home was a rental property before you demolished it you can claim the building allowance entitlement on it when the house was destroyed. You might be able to go back and amend the tax return for that event.
     
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  5. Archaon

    Archaon Well-Known Member

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    Was a depreciation schedule performed on the property before demolishing? A scrapping report could've been carried out also.
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    As per


    Who owns the property, you as a single person or did you sell, transfer or otherwise gift the property to your partner?
     
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  7. Paul@PAS

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

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    Yes the question should have come up previously several years ago when the first event occurred. The earlier event will at the very least have triggered a issue that affects the costbase and impact profit calcs now