Tax on the land bought through the change in Nominee

Discussion in 'Accounting & Tax' started by Santosh, 27th Feb, 2018.

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  1. Santosh

    Santosh Member

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    Hi
    A made the contract to buy a land in Jan 2017 but couldn't settle. So he sold to B in Jan 2018 through the change in nominee in the same price. The title was released then and B made settlement of the land in Feb 2018 and sold with capital gain of $50000. How B will pay CGT? The contract date was Jan 2017, so he will pay only 50% of his gain or he will pay 100% of his gain because his nominee date was Jan 2018?
    Thanks in Advance.
     
  2. Terry_w

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

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    If 12 months between him contracting and nomination then the 50% CGT discount could apply.
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Small unmarked bills preferably. :confused:
     
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  4. Terry_w

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

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    B will have to work out his cost base.
     
  5. Paul@PAS

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

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    ATO dont accept cash.
     
  6. Santosh

    Santosh Member

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    B will get 50% CGT discount or not?

    Thanks in advance.
     
  7. Santosh

    Santosh Member

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    B will get 50% CGT discount or not?
    In the scenario, A made contract one year before, changed nominee and sold/ gave it to B in the same price. B then did settlement of the property and sold.
     
  8. Terry_w

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

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    depends when he sells.
     
  9. Paul@PAS

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

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    Depends on a number of factors
    - When sale is made
    - If the sale was a profit making transaction v's a CGT realisation (probably)

    Not all asset sales are a CGT event. And then it depends which CGT event.

    My quick answer is no. Tax advice may say its yes.
     
    Last edited: 27th Feb, 2018
  10. Paul@PAS

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

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    Trick question ?? If sold for the same price. Isnt there a CGT loss after legals etc ?? CGT losses arent discounted.
     
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