Vic PPOR eligibility - going overseas?

Discussion in 'Accounting & Tax' started by kathartic, 21st Apr, 2021.

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  1. kathartic

    kathartic New Member

    Joined:
    8th Apr, 2021
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    Location:
    Melbourne
    Hi there everyone, long time lurker here!

    I have tried to find more information but it does not appear to be directly stated in the Vic Gov website;
    My folks have bought a unit off the plan. They are New Zealanders and still working there but intend to come live here later. This is their only Australian property and they will travel here for settlement. To be eligible for any concession I understand it has to be a PPoR. Is there a maximum time you can be interstate or overseas to qualify? Also will going overseas have land tax and CGT implications?

    For example I found an ACT document which states you may still be eligible if you lived there 6 months and then went on holiday for 6 months, and didn't rent it out.

    With thanks.
     
  2. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,536
    Location:
    Sydney
    Seek immediate legal advice from a conveyancing solicitor on the application of foreign purchaser surcharge stamp duty. Being here for settlement having received a 444 visa on arrival at airport may or may not be acceptable to avoid the surcharge. Until they arrive and commence to reside there the property would also be subject to CGT and as they are not tax residents at the initial period they would not be eligible for the general cgt 50% reduction based on pro-rata for that period. The "main residence" would be in their NZ home and not the new acquisition. (ie the "main" word is the concern). Even if it was, on departure back to move out of NZ the main residence exemption would be lost anyway so they cant access it at all until arriving and commencing to reside. However they will be able to add private and non-deductible costs to the costbase throughout the time they own it. This may mean a loss however a loss is not available just $0 CGT.

    You mention PPOR and that is also a state based term relating to land tax etc. Absentee land tax could apply too if the property is vacant long enough. At 31 December 2021. The land value is likley below the threshold if owned at 31 December but the absentee surcharge land tax doesnt have a threshold.
    Absentee owner surcharge | State Revenue Office

    They also should be wary of this one : Vacant residential land tax | State Revenue Office

    State based docs refer to state taxes, not CGT which is a Commonwealth tax.

    It may be wise for them to consider engaging with a local tax adviser to assist such issues.