Picture of a vacant block of land to illustrate it may be subject to land tax What is Land Tax? Land tax is a state and territory-imposed tax on the unimproved value of taxable land owned by individuals, companies, and trusts. It is calculated annually based on a...
Main Residence – 4 Year Rule Exemption on Construction
Generally when you build a new home, or buy an existing home which you intent to repair or renovate before moving in.
The ATO will allow the home to be deemed your principal home for CGT purposes (no capital gains tax) provided you move in within 4 years from the time of the original purchase.
So if you buy a block of land and then build a home to live in, you have up to 4 years to complete the construction and exercise the right to call it your principal home and avoid any CGT if and when you sell, under S.118-150 of the ITAA 1997.
However to exercise the right to deem the home to be your principal home of residence you need to meet the following conditions
- The completed home or renovated home becomes your main residence as soon as practicable after it is completed (TD 92/147); and
- The home continues to be your main residence for at least 3 months
- During the period up to 4 years no other home can be deemed your principal place of residence for (CGT), however there is a 6 months overlap, whereby changing main residences both can be treated as main residence (see – S.118-140), this may create some tax planning opportunities.
Please contact our office if you would like to review your personal situation to ensure your home is not subject to any Capital Gains Tax (CGT) when sold and if audited by the ATO.
NDIS / SDA Residental Investment Properties are GST Free – How?
National Disability Insurance Scheme What is the NDIS / SDA? NDIS The National Disability Insurance Scheme is a Federal Act developed in 2013 to allow people with a disability to exercise choice and control about matters that affect them- such as their housing....
SMSFs and Property Development have risks for Trustees
SMSFs can develop, or sub-divided property to sell or hold to rent out. Property Developments can help build wealth quickly for retirement.
February 2022 Newsletter Property & Tax
Property Price Increases and Tax? Property Prices Increase what about taxes? Residential properties values have increased in some cases over 30% in the last year, what does this mean for owners and investors? Family Home If the property being sold is the family home...
CGT on the sale of your home with a granny flat or ancillary dwelling used for private, business or investment?
Granny Flat or Ancillary Dwelling Granny flats and ancillary dwellings have grown in style and versatility becoming an increasingly popular housing option as they allow families to downsize closer to their family and friends, and provide extra space for older children...
Depreciating Landscaping Costs
When it comes to investment property depreciation, people mostly focus on the building and what’s inside, but the outdoors can be depreciable too. It is important to know that not all landscaping is depreciable; there is a difference in how ‘hard’ and ‘soft’...
GST Margin Scheme Update Guidance
GST Margin scheme guidance enhanced after user mistakes If you sell or develop the property, you may be eligible to use the margin scheme, reducing the amount of GST payable on some property transactions. However, the ATO says it has noticed errors in the two key...
Can you claim property landscaping as a rental property tax deduction?
Property Landscaping Tax Deductions? A common question asked by clients! Landscaping work How do I treat for tax the cost of landscaping to improve the value of a property? Landscaping is an improvement to the property and therefore not deductible under section 8-1....
Tax Deductions on Vacant Land Holding Costs, Now Not Available – To Individuals & Family Trust!
New tax laws were proposed as part of the 2018 federal budget to deny tax deductions on the costs of holding vacant land, that has now been passed and come into effect from the 1st July 2019. These new laws apply regardless of when the land was held, (no...
Property Flipper Jail Time for Tax Fraud
Recently the ATO has publicly advised of a number of instances whereby property developers were jailed for GST and tax payable on property flipping.One, in particular, involved a Victoria woman who has been jailed for 2 years and 10 months for GST fraud of $1.7...
Flipping Properties – What are the tax issues to consider!
Flipping houses can be a great way to make a living or a handy lump of cash quickly, however it involves Finding the right propertyFinancing can be on a short-term basisGetting the number rightExecuting the makeover and selling in the shortest time possibleGetting the...