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Some people think CGT can be reduced by moving into an investment property before selling it. This can work in a very minor way, but won't save much tax at all usually.
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This episode covers reimbursement agreements and trusts where arrangements are made so that person A pays the tax but person B enjoys the benefit. The ATO are focusing on this area in 2022.
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If you have parents that are renting, it can be a good idea to help them buy a property of their own instead of yourself buying a property and renting it to them. This way the property can be CGT free, exempt from land tax, give you good asset protection and potentially great tax savings at a much later date. This episode discusses some strategies as to how you can help.
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Companies holding property are taxed differently to individuals holding property. There are different deductions available as well as different CGT treatment. Find out more here in this episode.
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Companies are separate legal entities and can be used to own property like a person can. There can be many advantages and disadvantages to using a company structure and in today's episode we touch on a few of these.
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How does the claiming of interest work when the shares or property are held by the trustee of a discretionary trust? Who claims the interest? What happens if the money the trust uses to invest comes from a loan in the name of someone other than the trust?
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In limited circumstances it is possible to retain the main residence exemption from CGT where the main residence is actually rented out. This is generally for a period of up to 6 years and is known as ‘the 6 year rule’ for CGT. Find out more in this episode.
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When a discretionary trust is initially set up the trust will generally have assets of just $10 or so coming from the settled sum. If the trust is going to invest it must get some more money from somewhere. There are basically 2 options which are to receive gifts or to borrow money.
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A discretionary trust is not a legal entity, but the trustee of the trust can hold property as trustee. There are a number of things to consider though as in some states a trustee holding property could result in up to $11,000 more land tax per year than an individual holding property. There are also estate planning and lending issues to consider. Legal advice is recommended.
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The main residence is virtually the only tax free appreciating asset that a person can buy so it is important to learn about the main residence exemption so you can use it to your advantage. However now all main residences will be exempt from CGT.
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