CGT on Rental Properties (2024)
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Questions and Answers

What is the formula to calculate capital loss?

  • Termination value / Cost
  • Cost + Termination value
  • Termination value - Cost
  • Cost - Termination value (correct)
  • In Method 1, why is CGT Event K7 applied?

  • Because the capital gain on the sale of the property is exactly the same
  • Because a deduction was denied for the decline in value of the depreciating assets (correct)
  • Because the depreciating assets are treated as separate assets
  • Because the sale proceeds of the depreciating assets is the closing adjustable value
  • What is the net capital gain after applying the discount in Method 1?

  • $5,155
  • $14,928
  • $7,464 (correct)
  • $20,083
  • What is the adjusted cost base in Method 2?

    <p>$425,072</p> Signup and view all the answers

    What happens when new depreciating assets are purchased for a rental property acquired after 9 May 2017?

    <p>The decline in value of these assets can be claimed</p> Signup and view all the answers

    How is the decline in value of the new assets calculated?

    <p>Using the diminishing value method</p> Signup and view all the answers

    What is the effective life of the Hot Water System – Gas?

    <p>12 years</p> Signup and view all the answers

    What is the claim for the dishwasher in the 2020 year?

    <p>$238</p> Signup and view all the answers

    Why is it important to keep calculations for CGT?

    <p>In case of an audit by the ATO</p> Signup and view all the answers

    What is the purpose of Method 2?

    <p>To treat the property and depreciating assets as one CGT asset</p> Signup and view all the answers

    What is the minimum period for which an asset must be held to apply the Discount Method?

    <p>365 consecutive days</p> Signup and view all the answers

    The Discount Method applies to companies.

    <p>False</p> Signup and view all the answers

    What is the discount percentage for resident individuals under the Discount Method?

    <p>50%</p> Signup and view all the answers

    The acquisition and disposal dates of a property are the dates the ______________________ is entered into.

    <p>contract</p> Signup and view all the answers

    What type of housing does not qualify as affordable housing?

    <p>All of the above</p> Signup and view all the answers

    The additional affordable housing capital gain discount applies to CGT events occurring before 30 December 2020.

    <p>False</p> Signup and view all the answers

    What is the purpose of the affordable housing certificate?

    <p>To show the number of days the dwelling was used to provide affordable housing</p> Signup and view all the answers

    Match the following methods with their application:

    <p>Discount Method = Assets held for at least 365 consecutive days Indexation Method = Assets purchased before 21/09/1999 and held for 12 months or more Other Method = Assets held for less than 12 months</p> Signup and view all the answers

    The number of days an asset has been held includes the acquisition and disposal dates.

    <p>False</p> Signup and view all the answers

    To be eligible for the extra discount, the taxpayer must meet which of the following conditions?

    <p>The taxpayer used their property to provide affordable housing for a minimum of 3 years</p> Signup and view all the answers

    The taxpayer is eligible for the 50% CGT discount on the property if they used their property to provide affordable housing for a minimum of 2 years.

    <p>False</p> Signup and view all the answers

    What is the minimum number of days the taxpayer must use their property to provide affordable housing to be eligible for the extra discount?

    <p>1,095 days</p> Signup and view all the answers

    The CGT discount is increased by up to _____% for capital gains made by a resident individual who sold a property that was used to provide affordable housing for at least 3 years.

    <p>10</p> Signup and view all the answers

    Match the following residents with their CGT discount entitlement:

    <p>Foreign or temporary resident individual = Not entitled to the 50% CGT discount for assets acquired after 8 May 2012 Australian resident individual = Entitled to the 50% CGT discount for assets acquired on or before 8 May 2012</p> Signup and view all the answers

    The taxpayer is entitled to the 50% CGT discount for assets acquired after 8 May 2012 if they are a foreign or temporary resident.

    <p>False</p> Signup and view all the answers

    What is the purpose of the affordable housing certificate?

    <p>To claim the extra discount</p> Signup and view all the answers

    If an MIT has an ownership interest in the property, the tenant and their associates do not have an interest of more than _____% of the MIT.

    <p>10</p> Signup and view all the answers

    What is the condition for the taxpayer to be eligible for the extra discount?

    <p>The taxpayer used their property to provide affordable housing for a minimum of 3 years and received an annual affordable housing certificate from the CHP</p> Signup and view all the answers

    The taxpayer is eligible for the extra discount if they used their property to provide affordable housing for a minimum of 2 years and received an annual affordable housing certificate from the CHP.

    <p>False</p> Signup and view all the answers

    When you sell or dispose of a rental property, you may make a:

    <p>Capital gain or loss</p> Signup and view all the answers

    If you make a net capital gain in an income year, you are exempt from capital gains tax (CGT).

    <p>False</p> Signup and view all the answers

    When is an exemption or partial exemption from CGT applied to a rental property?

    <p>In certain circumstances, such as when the property was purchased before CGT, used as a main residence, inherited, or transferred under a court order.</p> Signup and view all the answers

    The reduced cost base will always be less than or equal to the _______________.

    <p>cost base</p> Signup and view all the answers

    Match the following circumstances with the potential CGT exemptions or partial exemptions:

    <p>Property purchased before CGT = Exemption Property used as a main residence = Partial exemption Property inherited and was the main residence of the deceased = Partial exemption Property transferred under a court order = Exemption</p> Signup and view all the answers

    Any capital gain or loss on the disposal of a rental property is calculated in the same manner as any other assets, without any adjustments.

    <p>False</p> Signup and view all the answers

    What happens when the proceeds received for the disposal of the asset is less than the cost base but greater than the reduced cost base?

    <p>Any capital gain or loss is disregarded.</p> Signup and view all the answers

    When a property is owned by more than one person, how is any capital gain or loss made?

    <p>According to each person's ownership interest</p> Signup and view all the answers

    A capital loss is made if the depreciating asset's cost is less than its termination value.

    <p>False</p> Signup and view all the answers

    What happens to the closing pool balance if the taxable use percentage of the asset’s termination value exceeds the closing pool balance?

    <p>It is reduced to zero and the excess is included in assessable income</p> Signup and view all the answers

    What is the purpose of keeping calculations for CGT?

    <p>To offset capital losses against capital gains</p> Signup and view all the answers

    A capital gain is made if the depreciating asset's termination value is more than its ______________________.

    <p>cost</p> Signup and view all the answers

    What happens to a capital loss if there is no capital gain in the same year?

    <p>It is carried forward to the next year</p> Signup and view all the answers

    A capital gain may qualify for the CGT discount if conditions for the CGT discount are satisfied.

    <p>True</p> Signup and view all the answers

    What is the difference between the asset’s cost and its termination value that is attributable to the estimated use for a non-taxable purpose?

    <p>A capital gain or capital loss</p> Signup and view all the answers

    If a depreciating asset is allocated to a low-value pool, items allocated to a low-value pool at ______________________% are excluded from the CGT regime.

    <p>100%</p> Signup and view all the answers

    What is the formula to calculate the capital loss if the asset was not used wholly for a taxable purpose?

    <p>(cost - termination value) x (1 - taxable use fraction)</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Capital gain = Made if the depreciating asset's termination value is more than its cost Capital loss = Made if the depreciating asset's cost is more than its termination value</p> Signup and view all the answers

    What is included in the second element of the cost base?

    <p>All of the above</p> Signup and view all the answers

    Travel expenses incurred before 1 July 2017 to undertake initial repairs can be included in the cost base.

    <p>False</p> Signup and view all the answers

    What is the purpose of the third element of the cost base?

    <p>The third element of the cost base includes costs associated with owning a CGT asset, such as rates, land taxes, repairs, and insurance premiums, that are not deductible for income tax purposes.</p> Signup and view all the answers

    The fourth element of the cost base includes capital costs associated with ______________________ the value of the asset or to install or move it.

    <p>increasing or preserving</p> Signup and view all the answers

    Match the following costs with the correct element of the cost base:

    <p>Costs of transfer = 1st Element Stamp duty or other similar duty = 2nd Element Costs of advertising or marketing = 3rd Element</p> Signup and view all the answers

    What is excluded from the second element of the cost base?

    <p>Expenses claimed as an income tax deduction</p> Signup and view all the answers

    The CGT discount applies to companies.

    <p>False</p> Signup and view all the answers

    What is the condition for including costs in the third element of the cost base?

    <p>The asset must have been acquired on or after 21 August 1991, and the costs must not be deductible for income tax purposes.</p> Signup and view all the answers

    Costs of a conveyancer or similar are included in the ______________________ element of the cost base.

    <p>1st</p> Signup and view all the answers

    What is included in the fourth element of the cost base?

    <p>Capital costs that relate to installing or moving an asset</p> Signup and view all the answers

    Who can undertake a market valuation for GST margin scheme purposes?

    <p>Only a professional valuer</p> Signup and view all the answers

    A market valuation may be undertaken by a person without formal valuation qualifications for any purpose.

    <p>False</p> Signup and view all the answers

    What is the definition of market value?

    <p>The price agreed between a willing, but not overanxious, buyer with a willing, but not overanxious, seller.</p> Signup and view all the answers

    The cost base of a CGT asset is made up of _______ elements.

    <p>5</p> Signup and view all the answers

    What is the 1st element of the cost base of a CGT asset?

    <p>Cost (or deemed cost) of acquiring the asset</p> Signup and view all the answers

    The valuation process should be adequately documented to ensure the objectivity of the report.

    <p>True</p> Signup and view all the answers

    Match the following elements with their descriptions:

    <p>1st element = Cost (or deemed cost) of acquiring the asset 2nd element = Incidental costs of acquiring the asset 3rd element = Non-deductible costs of owning assets 4th element = Cost of any capital improvements made on or to the asset 5th element = Capital costs of maintaining a right over or title to the asset</p> Signup and view all the answers

    What is the purpose of documenting the valuation process?

    <p>To ensure the objectivity of the report and to ensure the ATO accepts the resulting value as a market value.</p> Signup and view all the answers

    What is the purpose of the CGT Discount Worksheet?

    <p>To calculate the discount for the number of days of Australian residency</p> Signup and view all the answers

    The indexation method can be used to calculate a capital gain if the asset is owned for less than 12 months.

    <p>False</p> Signup and view all the answers

    What is the indexation factor used for?

    <p>To increase the cost base of a CGT asset to account for inflation</p> Signup and view all the answers

    The indexation factor is calculated to ______________________ decimal places.

    <p>3</p> Signup and view all the answers

    What is the capital proceeds if you receive foreign currency from a CGT event?

    <p>The converted value of the foreign currency to Australian currency</p> Signup and view all the answers

    The market value substitution rule applies to all CGT events.

    <p>False</p> Signup and view all the answers

    What is the test to determine if a fair market value has been arrived at?

    <p>Comparing it with the open market price</p> Signup and view all the answers

    If you give away or sell an asset for less than its worth, your capital proceeds equal the ______________________ of the asset at the time of the CGT event.

    <p>market value</p> Signup and view all the answers

    Match the following elements with their description:

    <p>Indexed Cost Base = The cost base increased by an indexation factor to account for inflation Capital Proceeds = The amount received or entitled to receive from a CGT event Cost Base = The original price of the CGT asset</p> Signup and view all the answers

    The courts consider whether the parties behaved in a manner similar to arm's length transactions when determining the market value of an asset.

    <p>True</p> Signup and view all the answers

    What is the total capital gain calculated using Method 2?

    <p>$14,928</p> Signup and view all the answers

    If the taxpayer is audited, the ATO will not need to see the calculations.

    <p>False</p> Signup and view all the answers

    What is the adjustment made for the decline in value claimed in Method 2?

    <p>-$6,222</p> Signup and view all the answers

    The capital gain on the sale of the property is exactly the same as shown above, resulting in a total capital gain of $______________.

    <p>$20,083</p> Signup and view all the answers

    Match the following items with their cost:

    <p>Dishwasher = $1,200 Hot Water System – Gas = $1,100 Stamp Duty = $13,015 Settlement Costs and other costs = $1,181</p> Signup and view all the answers

    If the taxpayer uses the property to provide affordable housing for at least 3 years, they are eligible for the 50% CGT discount.

    <p>True</p> Signup and view all the answers

    What is the net capital gain after applying the discount in Method 1?

    <p>$7,464</p> Signup and view all the answers

    When new depreciating assets are purchased for a rental property acquired after 9 May 2017, what can be claimed?

    <p>Decline in value</p> Signup and view all the answers

    What is the purpose of the new rule introduced from 7.30pm on 9 May 2017?

    <p>To restrict taxpayers from claiming deductions for second-hand assets</p> Signup and view all the answers

    If a property is not available for rent up until the date of sale, the decline in value can still be claimed for the entire period.

    <p>False</p> Signup and view all the answers

    What happens when a depreciating asset is stopped being used or is sold?

    <p>A balancing adjustment event occurs, and a capital gain or capital loss is calculated using the UCA concepts of cost and termination value</p> Signup and view all the answers

    For certain second-hand assets purchased with a residential rental property after _______________, new rules apply.

    <p>1 July 2017</p> Signup and view all the answers

    Match the following CGT events with their descriptions:

    <p>K7 = A capital gain or capital loss is calculated using the UCA concepts of cost and termination value = A CGT event happens if a depreciating asset has been used wholly or partly for non-taxable purposes</p> Signup and view all the answers

    What is the result of selling a depreciating asset that was previously used in a residential rental property?

    <p>A capital gain or capital loss is calculated using the UCA concepts of cost and termination value</p> Signup and view all the answers

    The ATO accepts a more practical approach of treating the property and the depreciating assets as one and reducing the cost base of the property by any decline in value claimed.

    <p>True</p> Signup and view all the answers

    What is the purpose of treating the property and the depreciating assets as one?

    <p>To reduce the cost base of the property by any decline in value claimed.</p> Signup and view all the answers

    A CGT event (CGT Event K7) happens if a depreciating asset has been used wholly or partly for _________________ purposes.

    <p>non-taxable</p> Signup and view all the answers

    What is the result of a balancing adjustment event occurring for a depreciating asset?

    <p>A capital gain or capital loss is calculated using the UCA concepts of cost and termination value</p> Signup and view all the answers

    What is excluded from the fourth element of the cost base?

    <p>Expenditure that has been claimed as a deduction for income tax purposes</p> Signup and view all the answers

    The reduced cost base includes costs of owning, such as interest and rates.

    <p>False</p> Signup and view all the answers

    What is the purpose of adjusting the reduced cost base for building cost write-off?

    <p>To exclude the amount that has been claimed for building cost write-off from the reduced cost base.</p> Signup and view all the answers

    For assets purchased on or after 7.30 pm on 13 May 1997, expenditure does not form part of any element of the cost base or reduced cost base to the extent that the taxpayer has claimed, or may be able to claim, a deduction for income tax purposes in any ____________________.

    <p>year</p> Signup and view all the answers

    Match the following elements of the cost base with their descriptions:

    <p>First element = Acquisition costs Fourth element = Capital expenditure to preserve or defend the title or rights to the asset Fifth element = Capital costs to establish, preserve or defend the title or rights to the asset</p> Signup and view all the answers

    What happens to the cost base and reduced cost base if the taxpayer needs to register for GST?

    <p>The cost base and reduced cost base are reduced by the net input tax credit.</p> Signup and view all the answers

    GST credits can be claimed on costs associated with buying or selling existing residential premises.

    <p>False</p> Signup and view all the answers

    What is the purpose of the fifth element of the cost base?

    <p>To include capital expenditure to preserve or defend the title or rights to the asset.</p> Signup and view all the answers

    The reduced cost base has the same elements as the cost base, except for the ____________________ element.

    <p>third</p> Signup and view all the answers

    What is the effect of claiming a deduction for building cost write-off on the reduced cost base?

    <p>The reduced cost base is decreased by the amount claimed.</p> Signup and view all the answers

    What happens when the market value of the depreciating assets is less than the closing adjustable value?

    <p>Method 1 is more beneficial to the taxpayer</p> Signup and view all the answers

    If a property was acquired under a contract that was entered into after 9 May 2017, a deduction will be allowed for the depreciating assets purchased with the property.

    <p>False</p> Signup and view all the answers

    What is the assumption made about the market value of the depreciating assets on sale in Method 1?

    <p>The market value of the depreciating assets on sale is the closing adjustable value.</p> Signup and view all the answers

    In Method 2, the cost base of the property must be reduced by the amount of _________ that has been claimed for the depreciating assets.

    <p>decline in value</p> Signup and view all the answers

    What happens to any depreciating assets purchased after the purchase of the property if Method 2 is used?

    <p>They are not included in the cost of the property and will need to be added to the cost base as improvements</p> Signup and view all the answers

    CGT Event K7 applies to the disposal of the depreciating assets in Method 2.

    <p>False</p> Signup and view all the answers

    Why is Method 2 a more practical approach?

    <p>Because it eliminates the need to determine the market value of the depreciating assets on the date of sale.</p> Signup and view all the answers

    Match the following methods with their application:

    <p>Method 1 = Treating the property and depreciating assets as separate assets Method 2 = Treating the property and depreciating assets as one asset</p> Signup and view all the answers

    If the market value of the depreciating assets is equal to the _________, the result is the same as Method 1.

    <p>closing adjustable value</p> Signup and view all the answers

    When calculating a capital gain, the cost base will only be adjusted to exclude the amount that has been claimed for building cost write-off for expenditure on capital works where either:

    <p>The asset was purchased on or after 7.30 pm on 13 May 1997 or the expenditure on capital works was incurred after 30 June 1999</p> Signup and view all the answers

    If a taxpayer has neglected to claim a deduction for building cost write-off, and the time limit to amend the relevant tax returns has not expired, they are not required to make any cost base or reduced cost base adjustments.

    <p>False</p> Signup and view all the answers

    What is the purpose of treating the sale of depreciating assets separately to the sale of the property when a rental property is sold?

    <p>To calculate the balancing adjustment on each of the depreciating assets in the property, under the capital allowance provisions, and therefore the capital gain or loss on the sale of the property.</p> Signup and view all the answers

    The value of the depreciating assets on the sale of the property should be based on the ________ of the separate assets at the time.

    <p>market value</p> Signup and view all the answers

    Match the following column 1 with column 2:

    <p>1st = NO 2nd = YES 3rd = YES 4th = NO unless expenditure incurred after 30 June 1999 5th = YES</p> Signup and view all the answers

    What happens when a taxpayer is eligible to claim a deduction for the building cost write-off but has neglected to do so, and the time limit to amend the relevant tax returns has not expired?

    <p>They are required to make any cost base or reduced cost base adjustments as if the claim had been made</p> Signup and view all the answers

    If a claim for capital works deductions was omitted because the taxpayer did not have sufficient information to determine the amount and nature of the construction expenditure, they are required to exclude the amount of such deductions from the cost base of the CGT asset.

    <p>False</p> Signup and view all the answers

    What is the purpose of apportioning the purchase and sale price of the property on a reasonable basis between the property and the depreciating assets when a rental property is sold?

    <p>To calculate the balancing adjustment on each of the depreciating assets in the property, under the capital allowance provisions, and therefore the capital gain or loss on the sale of the property.</p> Signup and view all the answers

    Which document will contain the capital works deductions (Div 43) that the owner may have been entitled to claim over the period of ownership?

    <p>Quantity surveyor's report</p> Signup and view all the answers

    When a rental property is sold, there is only one method to calculate any capital gain or loss arising.

    <p>False</p> Signup and view all the answers

    The closing adjustable value of the depreciating assets does not necessarily equate to their ____________, but it is often used as a reasonable estimate.

    <p>market value</p> Signup and view all the answers

    Why is the value of the depreciating assets assigned in the depreciation schedule prepared by a quantity surveyor used as the purchase price of the depreciating assets?

    <p>Because it is a reasonable estimate</p> Signup and view all the answers

    What is the purpose of keeping records for buying, owning, and selling a property?

    <p>To calculate capital gain or loss and for CGT purposes</p> Signup and view all the answers

    The date of acquisition of a property under a court order, binding financial agreement, or an award as a result of a marriage breakdown will be required to determine whether the new owner must consider the original owner's use of the property. This date is known as the date of _______________________.

    <p>transfer</p> Signup and view all the answers

    Match the following documents with their uses in calculating capital gain or loss:

    <p>Quantity surveyor's report = Capital works deductions and depreciating assets Depreciation reports from tax returns = Initial repairs, landscaping, and expenses of ownership First bank statement for mortgage = Breakdown of costs such as transfer of land fees History of use of the property = Main residence exemption and period of absence</p> Signup and view all the answers

    The method of acquisition of the property has no impact on the calculation of capital gain or loss.

    <p>False</p> Signup and view all the answers

    What is the minimum period for which records for buying, owning, and selling a property need to be kept?

    <p>5 years after disposal of the property</p> Signup and view all the answers

    When calculating capital gain or loss, the market value of the assets is the same as the _______________________.

    <p>closing adjustable value</p> Signup and view all the answers

    If a property was acquired from a deceased estate, what needs to be determined to establish the cost base of the property?

    <p>Date of death and use of the property by the deceased</p> Signup and view all the answers

    If the property was acquired pre-CGT, it is exempt from CGT and records do not need to be kept.

    <p>True</p> Signup and view all the answers

    What type of document provides information about conveyancing/legal fees and other costs on the sale of a rental property?

    <p>Settlement Statement</p> Signup and view all the answers

    The taxpayer may not need to provide any additional information to calculate the capital gain or loss on the sale of a rental property.

    <p>False</p> Signup and view all the answers

    What is the purpose of the valuation of a rental property?

    <p>To determine the proceeds if the property is sold, transferred or gifted in a non-arm’s length transaction at below market value.</p> Signup and view all the answers

    The cost of construction is required in addition to the purchase documents for _______________.

    <p>land</p> Signup and view all the answers

    Which document shows the ownership breakdown of the property?

    <p>Certificate of Title</p> Signup and view all the answers

    The settlement statement provides the sale price of the property and the settlement date.

    <p>True</p> Signup and view all the answers

    What is the purpose of the Conveyancer/Lawyer Invoice and Statement of Adjustments?

    <p>To provide information about conveyancing/legal fees and other costs on the sale of a rental property.</p> Signup and view all the answers

    The date of signing of the Contract of Purchase/Sale is important, especially where the property was sold within _______________ of purchasing it.

    <p>12 months</p> Signup and view all the answers

    Match the following documents with their purpose:

    <p>Settlement Statement = Provides information about conveyancing/legal fees and other costs on the sale of a rental property Contract of Purchase/Sale = Provides details such as the purchase/sale price, property information, and the date the contract was signed Certificate of Title = Shows the ownership breakdown of the property Conveyancer/Lawyer Invoice = Provides information about conveyancing/legal fees and other costs on the sale of a rental property</p> Signup and view all the answers

    Which document provides the purchase price of the property and the settlement date?

    <p>Settlement Statement</p> Signup and view all the answers

    Study Notes

    CGT on Rental Properties (2024)

    Section 01 – The Basics

    • Capital gain or loss: Difference between cost base and amount received when disposing of a rental property
    • Capital gain: Liable for Capital Gains Tax (CGT)
    • Capital loss: Can be carried forward to offset future capital gains
    • Exemptions or partial exemptions from CGT may apply in certain circumstances, such as:
      • Property was purchased before CGT
      • Property was used as a main residence for part of the ownership period
      • Property was inherited and was the main residence of the deceased
      • Property was transferred under a court order as a result of a relationship breakdown

    Calculation of Capital Gains and Losses

    • Formulas for calculating capital gains or losses:
      • Reduced cost base: Always less than or equal to the cost base
      • Proceeds received for disposal of asset is less than the cost base but greater than the reduced cost base, capital gain or loss is disregarded

    Methods of Calculating a Capital Gain

    • Three methods:
      • Discount Method: Applies to assets held for 12 months or more
      • Indexation Method: Applies to assets purchased before 21/09/1999 and held for 12 months or more
      • Other Method: Applies to assets held for less than 12 months

    Discount Method

    • Applies to assets held for at least 365 consecutive days (366 days for a leap year)
    • Discount percentage is applied to the capital gain made
    • Discount percentage:
      • 50% for resident individuals
      • 50% for trusts
      • 331/3% for complying super funds
    • Additional CGT discount of up to 10% for Australian resident individuals who invest in affordable housing

    Affordable Housing CGT Discount

    • Applies to CGT events occurring on or after 30 December 2020
    • Calculation: (CGT discount percentage ÷ 5) × (Affordable housing days ÷ Total ownership days)
    • Eligibility criteria:
      • Taxpayer must be eligible for the 50% CGT discount
      • Taxpayer used the property to provide affordable housing for at least 3 years (1,095 days)
      • Taxpayer's property rental was managed by a registered community housing provider
      • Taxpayer has an affordable housing certificate from the CHP for each income year

    Reduction of Discount for Foreign or Temporary Residents

    • Discount percentage for individuals is reduced to 0 for any period the taxpayer is a foreign or temporary resident
    • Assets acquired after 8 May 2012: Foreign and temporary resident individuals are subject to CGT on taxable Australian property and are not entitled to the 50% CGT discount
    • Assets acquired on or before 8 May 2012: May apply a discount to capital gain using two methods (pro rata or market value)

    Indexation Method

    • Applies to assets acquired before 11.45am EST on 21 September 1999 and held for 12 months or more
    • Indexed cost base: Cost base increased by an indexation factor, which allows for inflation
    • Indexation factor: Calculated using the CPI for the quarter ending 30 September 1999 and the CPI for the quarter expenditure was incurred

    Other Method

    • Applies to assets held for less than 12 months
    • Capital gain or loss: Capital proceeds less the cost base

    Capital Proceeds

    • What you receive or are entitled to receive from a CGT event
    • Includes:
      • Money
      • Value of property received or entitled to receive
      • Market value of asset at the time of the CGT event (if not arm's length transaction)

    Cost Base

    • Made up of 5 elements:
      • Cost (or deemed cost) of acquiring the asset
      • Incidental costs of acquiring the asset and/or disposing of the asset
      • Non-deductible costs of owning assets acquired on or after 21 August 1991
      • Cost of any capital improvements made on or to the asset
      • Capital costs of maintaining a right over or title to the asset### CGT Elements
    • The fifth element of the cost base includes capital expenditure to preserve or defend ownership or rights to the asset
      • Examples: paying a call on shares, damages paid to a potential purchaser after contract repudiation
    • Exclusions from the fifth element: expenditure that has been claimed as a deduction for income tax purposes in any year (for assets purchased after 13 May 1997)

    Reduced Cost Base

    • The reduced cost base is used to calculate capital losses
    • It has the same elements as the cost base, except for the 3rd element (costs of owning)
    • Elements of the reduced cost base are not indexed
    • The reduced cost base does not include costs that have been (or can be) allowed as deductions, regardless of when the asset was purchased

    GST and Cost Base Items

    • Sale of existing residential premises is input taxed, so no GST credits can be claimed
    • The cost base and reduced cost base are reduced by any net input tax credits (GST claimed) in relation to the asset

    Building Cost Write-Off and Capital Gains

    • The construction cost of a building and structural improvements form part of the first or fourth element of the cost base or reduced cost base
    • If a building cost write-off has been claimed as a deduction, it may affect the capital gain or loss calculation
    • Expenditure claimed as a building cost write-off is excluded from the cost base or reduced cost base, depending on when the asset was purchased and when the expenditure was incurred

    Depreciating Assets and Capital Gains

    • When a rental property is sold, the sale includes the sale of the building and depreciating assets
    • To calculate the capital gain or loss, the sale of the depreciating assets must be treated separately from the sale of the property
    • The value of the depreciating assets is not listed separately on the purchase or sale contract, but can be determined from a depreciation schedule prepared by a quantity surveyor
    • The balancing adjustment on each depreciating asset must be calculated, and the capital gain or loss on the sale of the property must be calculated separately

    CGT and Depreciating Assets - CGT Event K7

    • A CGT event (CGT Event K7) occurs if a balancing adjustment event occurs for a depreciating asset
    • A capital gain or loss is calculated using the UCA concepts of cost and termination value, not those found in the CGT provisions
    • A capital gain or loss may arise if the asset is not used wholly for a taxable purpose

    CGT Concessions

    • A capital gain from the disposal of a depreciating asset may qualify for the CGT discount if conditions are satisfied

    Documents Required to Calculate CGT

    • Settlement statements for the purchase and sale of the property
    • Details of depreciating assets purchased and sold with the property
    • Details of capital works deductions claimed
    • Conveyancer/lawyer invoice and statement of adjustments for the purchase and sale of the property
    • Additional expenses incurred on the sale of the property
    • Contract of purchase/sale
    • Cost of construction (if applicable)
    • Certificate of Title
    • Valuations (if necessary)
    • First bank statement for mortgage (if applicable)
    • Quantity surveyor's report### Determining Capital Gain on Sale of Rental Property
    • When selling a rental property, two methods can be used to calculate the capital gain or loss:
      • Method 1: Treat the house and depreciating assets as separate assets
      • Method 2: Treat the house and depreciating assets as one asset
    • Both methods result in the same outcome if the market value of the assets is equal to the closing adjustable value

    Method 1: Depreciating Assets Treated as Separate Assets

    • Calculate capital proceeds by subtracting the value of depreciating assets from the total capital proceeds
    • Calculate the cost base by subtracting the value of depreciating assets from the purchase price and adding costs on purchase and sale
    • Calculate the capital gain by subtracting the cost base from the capital proceeds
    • Apply the 50% discount if applicable

    Method 2: Property and Depreciating Assets Treated as one CGT Asset

    • Calculate the cost base by reducing the purchase price by the amount of decline in value claimed for the depreciating assets
    • Calculate the capital gain by subtracting the cost base from the capital proceeds
    • Apply the 50% discount if applicable

    Rental Properties Acquired after 9 May 2017

    • No deduction is allowed for depreciating assets purchased with the property
    • Either method of calculation can be used
    • If using Method 1, CGT Event K7 applies to the disposal of the depreciating assets, resulting in a capital loss
    • If using Method 2, the decline in value of new depreciating assets purchased for the rental property can be claimed

    Records and Calculations

    • Keep records for buying, owning, and selling the property for at least 5 years after disposal
    • If the property was acquired pre-CGT, it is exempt from CGT, and records do not need to be kept unless capital improvements were made
    • Calculations must be accurate and thorough, as the ATO may audit and require evidence of calculations

    CGT on Rental Properties (2024)

    Section 01 – The Basics

    • Capital gain or loss: Difference between cost base and amount received when disposing of a rental property
    • Capital gain: Liable for Capital Gains Tax (CGT)
    • Capital loss: Can be carried forward to offset future capital gains
    • Exemptions or partial exemptions from CGT may apply in certain circumstances, such as:
      • Property was purchased before CGT
      • Property was used as a main residence for part of the ownership period
      • Property was inherited and was the main residence of the deceased
      • Property was transferred under a court order as a result of a relationship breakdown

    Calculation of Capital Gains and Losses

    • Formulas for calculating capital gains or losses:
      • Reduced cost base: Always less than or equal to the cost base
      • Proceeds received for disposal of asset is less than the cost base but greater than the reduced cost base, capital gain or loss is disregarded

    Methods of Calculating a Capital Gain

    • Three methods:
      • Discount Method: Applies to assets held for 12 months or more
      • Indexation Method: Applies to assets purchased before 21/09/1999 and held for 12 months or more
      • Other Method: Applies to assets held for less than 12 months

    Discount Method

    • Applies to assets held for at least 365 consecutive days (366 days for a leap year)
    • Discount percentage is applied to the capital gain made
    • Discount percentage:
      • 50% for resident individuals
      • 50% for trusts
      • 331/3% for complying super funds
    • Additional CGT discount of up to 10% for Australian resident individuals who invest in affordable housing

    Affordable Housing CGT Discount

    • Applies to CGT events occurring on or after 30 December 2020
    • Calculation: (CGT discount percentage ÷ 5) × (Affordable housing days ÷ Total ownership days)
    • Eligibility criteria:
      • Taxpayer must be eligible for the 50% CGT discount
      • Taxpayer used the property to provide affordable housing for at least 3 years (1,095 days)
      • Taxpayer's property rental was managed by a registered community housing provider
      • Taxpayer has an affordable housing certificate from the CHP for each income year

    Reduction of Discount for Foreign or Temporary Residents

    • Discount percentage for individuals is reduced to 0 for any period the taxpayer is a foreign or temporary resident
    • Assets acquired after 8 May 2012: Foreign and temporary resident individuals are subject to CGT on taxable Australian property and are not entitled to the 50% CGT discount
    • Assets acquired on or before 8 May 2012: May apply a discount to capital gain using two methods (pro rata or market value)

    Indexation Method

    • Applies to assets acquired before 11.45am EST on 21 September 1999 and held for 12 months or more
    • Indexed cost base: Cost base increased by an indexation factor, which allows for inflation
    • Indexation factor: Calculated using the CPI for the quarter ending 30 September 1999 and the CPI for the quarter expenditure was incurred

    Other Method

    • Applies to assets held for less than 12 months
    • Capital gain or loss: Capital proceeds less the cost base

    Capital Proceeds

    • What you receive or are entitled to receive from a CGT event
    • Includes:
      • Money
      • Value of property received or entitled to receive
      • Market value of asset at the time of the CGT event (if not arm's length transaction)

    Cost Base

    • Made up of 5 elements:
      • Cost (or deemed cost) of acquiring the asset
      • Incidental costs of acquiring the asset and/or disposing of the asset
      • Non-deductible costs of owning assets acquired on or after 21 August 1991
      • Cost of any capital improvements made on or to the asset
      • Capital costs of maintaining a right over or title to the asset### CGT Elements
    • The fifth element of the cost base includes capital expenditure to preserve or defend ownership or rights to the asset
      • Examples: paying a call on shares, damages paid to a potential purchaser after contract repudiation
    • Exclusions from the fifth element: expenditure that has been claimed as a deduction for income tax purposes in any year (for assets purchased after 13 May 1997)

    Reduced Cost Base

    • The reduced cost base is used to calculate capital losses
    • It has the same elements as the cost base, except for the 3rd element (costs of owning)
    • Elements of the reduced cost base are not indexed
    • The reduced cost base does not include costs that have been (or can be) allowed as deductions, regardless of when the asset was purchased

    GST and Cost Base Items

    • Sale of existing residential premises is input taxed, so no GST credits can be claimed
    • The cost base and reduced cost base are reduced by any net input tax credits (GST claimed) in relation to the asset

    Building Cost Write-Off and Capital Gains

    • The construction cost of a building and structural improvements form part of the first or fourth element of the cost base or reduced cost base
    • If a building cost write-off has been claimed as a deduction, it may affect the capital gain or loss calculation
    • Expenditure claimed as a building cost write-off is excluded from the cost base or reduced cost base, depending on when the asset was purchased and when the expenditure was incurred

    Depreciating Assets and Capital Gains

    • When a rental property is sold, the sale includes the sale of the building and depreciating assets
    • To calculate the capital gain or loss, the sale of the depreciating assets must be treated separately from the sale of the property
    • The value of the depreciating assets is not listed separately on the purchase or sale contract, but can be determined from a depreciation schedule prepared by a quantity surveyor
    • The balancing adjustment on each depreciating asset must be calculated, and the capital gain or loss on the sale of the property must be calculated separately

    CGT and Depreciating Assets - CGT Event K7

    • A CGT event (CGT Event K7) occurs if a balancing adjustment event occurs for a depreciating asset
    • A capital gain or loss is calculated using the UCA concepts of cost and termination value, not those found in the CGT provisions
    • A capital gain or loss may arise if the asset is not used wholly for a taxable purpose

    CGT Concessions

    • A capital gain from the disposal of a depreciating asset may qualify for the CGT discount if conditions are satisfied

    Documents Required to Calculate CGT

    • Settlement statements for the purchase and sale of the property
    • Details of depreciating assets purchased and sold with the property
    • Details of capital works deductions claimed
    • Conveyancer/lawyer invoice and statement of adjustments for the purchase and sale of the property
    • Additional expenses incurred on the sale of the property
    • Contract of purchase/sale
    • Cost of construction (if applicable)
    • Certificate of Title
    • Valuations (if necessary)
    • First bank statement for mortgage (if applicable)
    • Quantity surveyor's report### Determining Capital Gain on Sale of Rental Property
    • When selling a rental property, two methods can be used to calculate the capital gain or loss:
      • Method 1: Treat the house and depreciating assets as separate assets
      • Method 2: Treat the house and depreciating assets as one asset
    • Both methods result in the same outcome if the market value of the assets is equal to the closing adjustable value

    Method 1: Depreciating Assets Treated as Separate Assets

    • Calculate capital proceeds by subtracting the value of depreciating assets from the total capital proceeds
    • Calculate the cost base by subtracting the value of depreciating assets from the purchase price and adding costs on purchase and sale
    • Calculate the capital gain by subtracting the cost base from the capital proceeds
    • Apply the 50% discount if applicable

    Method 2: Property and Depreciating Assets Treated as one CGT Asset

    • Calculate the cost base by reducing the purchase price by the amount of decline in value claimed for the depreciating assets
    • Calculate the capital gain by subtracting the cost base from the capital proceeds
    • Apply the 50% discount if applicable

    Rental Properties Acquired after 9 May 2017

    • No deduction is allowed for depreciating assets purchased with the property
    • Either method of calculation can be used
    • If using Method 1, CGT Event K7 applies to the disposal of the depreciating assets, resulting in a capital loss
    • If using Method 2, the decline in value of new depreciating assets purchased for the rental property can be claimed

    Records and Calculations

    • Keep records for buying, owning, and selling the property for at least 5 years after disposal
    • If the property was acquired pre-CGT, it is exempt from CGT, and records do not need to be kept unless capital improvements were made
    • Calculations must be accurate and thorough, as the ATO may audit and require evidence of calculations

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    Description

    Learn about the basics of Capital Gains Tax (CGT) on rental properties, including how to calculate capital gains and losses, and how to report them on your tax return.

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