Is GST applicable on Unit Developments? Please Help

Hi Guys,

Hoping there are some Accountants out there who may be able to help clarify something for me, I'm trying to get a 2nd/3rd opinion to confirm what I have been told from my Account.

Basically I am planning to develop my property and build 3 Units on it. My idea was to hopefully develop the property and keep the front Unit for my family and sell the Units 2 & 3 straight away so I can then pay off all my debt and hopefully have a little bit of money left over.

However, what my Accountant told me was because I plan on selling them straight away, it counts as a business or something and I would be hit with an approx $58,000 GST bill which I can't offset anything against, so it'd be a straight tax. This was a massive surprise to me because I didn't know GST had to be paid on Developments off the plan for the Developer to pay and this basically renders my project probably not worthwhile doing as I could possibly sell the property with plans and get a similar amount.

From memory he told that if I hold onto the Units and then sell them after 12 months though they wouldn't be applicable to GST but then I would need to pay CGT tax on them if they sell them after that at my marginal tax rate etc.

Are there any Accountants who may be able to help me out with information please? I'll provide some basic numbers below which may or may not be useful-

PPR Value with Plans - $400,000
Loan Owing - $50,000
Build Cost - $550,000 (Approx)
Incidentals - $50,000
Legals - $15,000
Interest - $40,000 (Approx)
GST - $58,000 (If this is confirmed I need to pay if selling straight away)

Unit 1 Value - $390,000
Unit 2 Value - $375,000
Unit 3 Value - $350,000

I'll do anything possible to make the numbers stack up whether it means I have to keep and sell after 12 months to avoid the GST or anything else. I also have around $50,000 of Capital Losses accumulated from sharemarkets losses in the future so I believe I can offset this against any future Capital Gains is that not right? Hence my theory is I may keep for 12 months and then sell so I can offset my losses against the gains and still hopefully come out on top although I know I'll be working for the Bank during that 12 months as the interest will be very high and also my Units then won't be brand new but 12 months old so hopefully they won't take a hit in value.

Please Help guys, I'm desperate! TIA
 
I'm not sure how your accountants came to $58,000 in GST payable. Total revenue from the sale of the 2 units would attract GST of $65k, but you would get GST credits on a little less than 2/3 of the build costs, incidentals and legals of, say, $35k leaving net GST payable of approx 30k. This assumes your suppliers are registered for GST - I suspect most of them would be (but note stamp duties aren't creditable - not sure if you've included them in your incidentals).

Also, you are likely able to apply the GST margin scheme. Very broadly (and this is subject to many finer points of detail and terminology) this should apply in situations like yours such that your ultimate net GST payable (after GST credits) is a bit more than 1/11th of your net profit.

Refer the ATO guide to the scheme for further details:

http://www.ato.gov.au/content/downloads/bus70665nat15145072010.pdf

The margin scheme is complex to apply so you should get detailed advice on this from a specialist tax advisor. If your accountants haven't considered it then you probably shouldn't get this advice from them.

Cheers
Isaac
 
Hi Isaac,

Thanks very much for that info, appreciate it once again.

What are the implications for building them and holding onto to them though, I assume there would be no GST applicable and only the CG payable on any realised gain after holding them for 5 years as someone else has mentioned it?

Thanks,

Tony
 
They're mostly correct, no GST will be applicable and you would get the 50% CGT discount. There are a few caveats -

- the units must be rented out (do you really want to live next to your tenants?)
- their sole purpose must be generating rental income (for example, you can't start marketing them for sale until the 5 years is up as they would then also be held for the purpose of sale)
 
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