Tax Tip 86: Don’t be so fearful of generating income from the main residence

Discussion in 'Accounting & Tax' started by Terry_w, 25th Nov, 2015.

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  1. Terry_w

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

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    Note that this tip can apply to situations where the main residence has never been income producing but it subject to CGT because of other reasons such as claiming the main residence exemption on another property for part of the period.
     
  2. Paul@PAS

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

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    This tip certainly applies in many other instances

    - Where home has been used to produce ANY income. eg one nights airbnb, even just a single room
    - Where home has been a place of business even for a short period of time
    - Choosing an alternative main residence
    - New spouses where the two may each have owned and lived in different property
    - Sometimes when tax residence changes

    Important that the interaction with s118-192 is understood since s118-192 CANNOT be used in the above examples. And therefore all the non-deductible costs from the past may suddenly be relevant where a taxpayer didnt think it was important
     
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  3. paulF

    paulF Well-Known Member

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    "If you lived in the property for 15 years then the percentage subject to tax would drop = 5/20 = 10%"

    Is this a typo?
     
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  4. Terry_w

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

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    Well spotted Paul, yes an error, it should be 25%.
    General principal remains the same though.
     
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  5. New Town

    New Town Well-Known Member

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    It's very feasible that you will pay more in tax than you ever received from a boarders income
     
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  6. dsman

    dsman Well-Known Member

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    Hi, Just to double check.
    If I knockdown the old IP and build a new house on it and becomes my PPOR.
    The rules here still applies right?

    I thought maybe its a new house and the new house becomes my PPOR from day one... I may not have to pay CGT at all...
     
  7. Terry_w

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

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    You can't get away from CGT that easy! It would be subject to CGT and need to be apportioned.
     
  8. dsman

    dsman Well-Known Member

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    Yes, I was just double checking , making sure not making any mistakes.
     
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  9. Paul@PAS

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

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    You will have two CGT assets. 1. Land and 2. New dwelling.
    Each has a distinct cost base and acquisition date.

    There is a complex issue concerning apportionment and it is necessary to have a valuer determine an APPORTIONMENT of the value (but not the value itself !! ) at the time the property commences to be your main residence. This will be necessary later so that the sale proceeds can be apportioned between the land (pro-rata between IP / main residence based on days) and the house which may be exempt for the whole period between when the land ceased being held for the IP and commenced being held for the main residence.
     
  10. Jeferson

    Jeferson New Member

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    So, in regards to my first owner property, does that mean that if I rent my place 100 days during 10 years (AirBnb), I only need to pay CGT on the 100 days that got rented when selling out the place?
     
  11. Terry_w

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

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    No
     
  12. Paul@PAS

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

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    No but it may be a factor to alter how its calculated and sometimes CGT is based on pro-rata time AND also other apportioning factors
     
  13. Terry_w

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

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    This thread is relevant too
    Tax Tip 318: Can you Claim 3rd Element CGT Cost Base Expenses while living there? http://bit.ly/3qX9Nsm
     
  14. Gockie

    Gockie Life is good ☺️ Premium Member

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    So just after a fast answer. If I was to Airbnb a room in my place just for the Taylor Swift concerts, how much impact would it have for CGT for my main residence? Owned since early 2016.
     
  15. Terry_w

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

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    I wouldn't do it at all.
     
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  16. Terry_w

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

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    It all depends on the circumstances
     

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