How To Avoid Capital Gains Tax (CGT) On Investment Property (Ep193) - YouTube

Channel: On Property

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Capital Gains can actually be a pain in the butt can be super annoying because all of
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a sudden you've got this growth amount and have to pay massive amounts of tax on it.
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So today, I want to talk about how to avoid Capital Gains Tax, also known as CGT on Investment
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Property.
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So, let's go through the different exemptions that may apply to you.
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Now, obviously this cannot be taken as taxation advice and should always seek the advice of
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a professional before you go ahead and do any of this.
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But this is going to help you for general education purposes only.
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So, let's have a look at the full exemptions first.
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If you live in your property when you first buy it, for at least six months, so when you
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purchased the property you purchased it to live in it, you're not purchasing it to rent
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it out, you prove that by living in it for six months.
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And then, if you live in it the full time, then the chances are that you're going to
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get a full capital gains exemption because it's your principle place of residence, its
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where you live, it's not an investment, well then you're going to get that exemption.
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But, there's also a clause where if you live in it first, so you're purchasing it to live
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in it, but then you decide that you need to move for some reason, maybe you need to move
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interstate because of a job, or maybe you're taking of a sick relative, or you're going
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on extended holiday, or something like that, you can lease your property for up to six
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years, whilst you're keeping it as your principle place of residence, hence you actually get
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that exemption for six years.
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Now, there's also a possibility, after that six years is out, to go back and live in it
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for another six months to twelve months and then it can actually reset that six years
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so you can move out and then you can then rent it out for another six years.
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So, obviously you need to speak to your accountant about this, please don't take this as law
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but this is from the research that I've done, what I found.
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They say you can acquire and live in a second property but that second property is not going
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to be exempt.
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So you can only have one principle place of residence at a time, you can't have two.
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So, you're having one property that's dedicated as your principle place of residence while
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the other property, even if you're living in it, you're going to have to pay capital
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gains tax one of the time that you're living there.
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So to get the full exemptions, it's your principle place of residence, there are some clauses
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that you can rent it out for a certain period of time, that period of time being six years,
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and there is also the potential to reset that if you move back in for another six months
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or more.
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But again, always speak to an Accountant, I need to stress that.
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There are some partial exemptions as well and there's some roll over that we'll look
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at.
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The partial exemptions you may be actually eligible for a fifty percent discount on the
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capital gains that you have to pay if you own the property for more than twelve months.
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So, if you're not purchasing the property, then quickly renovating it, and selling it
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six months later, you may actually be eligible to fifty percent discount on your capital
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gains tax.
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So let's say you purchase an investment property, you hold it for ten years and then you decided
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it's time to sell, you may be eligible to get fifty percent off the capital gains tax
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that you would have had to pay, that's pretty cool.
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And again, if you have lived in that property for certain period of time, then the period
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of time that you lived in that as your principle place of residence, you get an exemption for
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that amount of time.
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The way that they work it out is, they work it out time spent living vs. time spent as
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an investment, and they'll actually look at when did the market go up and while you're
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living in it went up a hundred thousand dollars but the whole time you rented it out it didn't
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go up at all, it doesn't work like that.
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It works like, you lived in it for two years and you rented it out for eight years so twenty
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percent of the time it wasn't for investment purposes so often you get the twenty percent
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exemption and you only pay capital gains tax on the eighty percent time that it was investment
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property.
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So there's the partial exemptions and the rolls over in some circumstances you can roll
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over capital gains tax until a later date and this is basically the only reason I could
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find was if you're selling the property due to divorce and what's best is buying it off
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the other spouse, there is a potential to roll it over the capital gains tax when the
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spouse who buys it finally goes ahead and sells it ten years down the track, or whatever,
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then its rolled over so they have to pay for it.
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You can't get those roll over exemptions if you're selling your property to a third party,
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someone else that's not involved in the divorce hence you can't get a roll over if you sell
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your property or you put it into your super fund.
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There are some ways to avoid capital gains tax, obviously you can't avoid capital gains
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tax completely legally, I'm sure there's probably illegal ways that people do this but I would
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not recommend that.
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I think it's too easy to make money legally than to go out and try dodge the system and
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try and avoid paying a few thousand dollars in capital gains tax, I just don't think it's
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worth it.
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If you do that it's on you!
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It's at your own risk, but there are some legal ways that can get exemption or at least
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get partial exemptions.
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If it's been an investment for the full amount of time, you've never lived in it, it's always
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been investment property and you're not getting divorced, well chances are you're going to
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have to pay the full amount of capital gains tax but actually you may be eligible to that
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fifty percent discount for holding it for more than twelve months.
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I hope that has been helpful in understanding capital gains tax, it's a pretty difficult
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subject to discuss and to talk about.
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It was good to do the research, get my head around it and understand it in even more detail.
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then you should check out OnPropertyPlus inside there I've got what's called Advanced Property
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out.
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That's web application is available to members, currently membership is $19.95 per month or
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who's looking to invest in property maybe this year or maybe sometime next year, that's
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going to help you so much.
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Anyway, you can check that out on our OnProperty.com.au/plus and until tomorrow remember that your long
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term success is only achieved one day at a time.