PPOR getting to 6 years rental - sell or hold..

Appreciate any views - I'm sorry this is somewhat long.....:eek:

We have been oversea's for some time and renting out our PPOR that was purchased in March 2000 - we lived in it from purchase to moving out in March 2002. As of March 2008 we will breach the 6 year rental timing and the property will then become subject to CGT.

My interpretation of the CGT exposure is as follows: lived in the property for 2 years prior to the rental, for 7 years of rental (to March 2009) the calc is: (7-6 year exemption))/(2 years lived in +(7-6)) = 1/3 = 33.3% * 0.5 = 16%, 8 years 25%, 9 years 30%,.....14 years 42% and ofcourse < 6 years 0%. Capital gain will be around 300k as of March 2009 (crystal ball:D )

The above has got me to thinking about whether there's any sense in selling this property prior to hitting the CGT liability, my aims are buy and hold.

I suspect that if I were to sell and channel the money back into other IP's then I'm better to hold this one as I'd incur selling costs on this property and stamp duty costs on purchasing a new one(s), and they'd be exposed to the full CGT anyway.
If my plan was not to re-invest in new property, but reduce debt on existing IP's, then I suspect this would be a reasonable thing to do - but I know we'll buy more property in four or five years.

Appreciate if anyone see's a flaw in my logic above - if it's not clear, I'm leaning toward don't sell.

A second issue (HDT related) is that we will be back in Oz in a couple of years and want to move into one of the properties in our HDT. Given the not insurmountable challenges (but challenges nonetheless) of renting an IP to yourself under a HDT structure (our original plan), I wonder if it's possible to forget the whole rent to self thing and declare the property you plan to live in longterm as your PPOR - while it remains in the HDT (my concern is the s/duty incurred by taking it out of the HDT and putting it in your own name).

Appreciate any views.

Ralph
 
I wonder if it's possible to forget the whole rent to self thing and declare the property you plan to live in longterm as your PPOR - while it remains in the HDT (my concern is the s/duty incurred by taking it out of the HDT and putting it in your own name).

It can't be your PPOR unless you own it, so as you said you'll incur stamp duty to transfer it from the trust into your own names.

Is there any reason why you want / need to live in this place? Why not just buy / rent another place, given how much of a pain it is to move around, and the issues with renting from your trust?
Alex
 
Thanks Alexee,

We're coming home from oversea's and this is where we want to live. To buy a second similar property in the area as a PPOR would just be too expensive (1.5mln+). The original plan (that we'll probably stick with) was to rent the property to ourselves via the HDT. I did clear this with our "well know accountant" to this forum and am comfortable with his advice that we can.

I assume that if we moved in and did not rent it to ourselves we would be in a situation that no costs were tax deductible, yet exposed to CGT should we eventually sell. Not a pretty prospect - unless we fully paid out the debt, but still not optimal.
 
Ralph,
I put up a similar problem recently as my house in sydney has been rented six years next June. I keep thinking of Jan's advice about concentrating on the long term value of a good property and not making decisions with tax as a priority. It has helped me decide to keep the place and as you said if I sold I would have to pay the agent and then stamp duty again as I would no doubt buy again. some advice I got was around moving back into the house for a bit and I may yet do that although the moving around is exhausting. Let's face it we never seem to stop paying taxes in this game.
 
Thanks Julie, the right approach I think. I'd move back in for a bit but we're not in a position to do so, also, it doesn't reset the clock in my understanding and is therefore only a measure to stave off qualifying for CGT.....?
 
Advice given on this forum is that it does reset the clock, so in fact you move back in for a period of time, move out and start another six years with it as your principal place of residence.

Of course, before doing so, you would need to check it out yourself, but it has been posted here numerous times.

Wylie
 
Thanks Wylie.

I used this example from the ATO as my basis for the assumption of not resetting the clock. In this example 'Ian' doesn't move back in until he has rented it out for more than 6 years which will be my situation. Perhaps the clock resets if you get back in before 6 years and then move out again - but not if you move back in after 6 years.......:confused:

http://www.ato.gov.au/individuals/content.asp?doc=/content/36887.htm

Example

Home ceases to be the main residence and is used to produce income for more than six years during a single period of absence.

1 July 1992
Ian settled a contract to buy a home in Sydney on 0.9 hectares of land and used it as his main residence.

1 January 1994
Ian was posted, by his employer, to Brisbane and settled a contract to buy another home there.

1 January 1994 to 31 December 1998
Ian rented out his Sydney home during the period he was posted to Brisbane.

31 December 1998
Ian settled a contract to sell his Brisbane home and the tenant in his Sydney home left.

The period of five years from 1994 to 1998 is the first period the Sydney home was used to produce income for the purpose of the six-year test.

1 January 1999
Ian was posted by his employer from Brisbane to Melbourne for three years and settled a contract to buy a home in Melbourne. He did not return to his Sydney home at this time.

1 March 1999
Ian again rented out his Sydney home – this time for two years.

28 February 2001
The tenant of his Sydney home left.

The period of two years from 1999 to 2001 is the second period the Sydney home was used to produce income under the six-year test.

31 December 2001
Ian sold his home in Melbourne.

31 December 2002
Ian returned to his home in Sydney and it again became his main residence.

28 February 2007
Ian settled a contract to sell his Sydney home.

Ian chooses to treat the Sydney home as his main residence for the period after he ceased living in it. The effect of making this choice is that any capital gains Ian made on the sale of both his Brisbane home in 1998–99 and his Melbourne home in 2001-02 are not exempt.

Ian cannot obtain the main residence exemption for the whole period of ownership of the Sydney home because the combined periods it was used to produce income (1 January 1994 to 31 December 1998 and 1 March 1999 to 28 February 2001) total more than six years.

As a result, the Sydney house is not exempt for the period it was used to produce income that exceeds the six-year period – that is, one year.

If the capital gain on the disposal of the Sydney home is $250,000, the amount of the gain that is taxable is calculated as follows:

Period of ownership of the Sydney home:


1 July 1992 to 28 February 2007
5,356 days


Periods the Sydney home was used to produce income after Ian ceased living in it:


1 January 1994 to 31 December 1998
1,826 days

1 March 1999 to 28 February 2001
731 days

2,557 days


First six years the Sydney home was used to produce income:


1 January 1994 to 31 December 1998
1,826 days

1 March 1999 to 28 February 2000
365 days

2,191 days


Income producing for more than six years after Ian ceased living in it:

365 days

Proportion of capital gain taxable in 2006-07


$250,000 X
365
5,356
= $17,037


Because Ian entered into the contract to acquire the house before 11.45am (by legal time in the ACT) on 21 September 1999 and entered into the contract to sell it after that time, and owned it for at least 12 months, he can use either the indexation or the discount method to calculate his capital gain.

Note: 21 August 1996 importance
The home first used to produce income rule does not apply because the home was used by Ian to produce income before 21 August 1996.
 
You can reset the clock , but as you say not in your case.
Buy and hold is a great idea , but not if you cant do it.
The best laid plans can go astray.

What $ growth have you got from 6 years as an Ip.

The stamp duty and selling costs may be large but not compared to the tax free capital gain
eg a $300k IP @10 % growth over 6years produces a sale price of 531K, ie 231K gain , with no cgt

I am in a similar situation but I know for certain I will never sell my ppr property due to its location

Is there an emotional attachment to your property that might be affecting your thinking.Having the extra cash might be nice but it depends how aggressive you want to use those funds, will determine your use of the funds. Where are you on the tax rate schedule
I like the idea of buy and hold but its a guide not a rule.
 
How to reset the clock then?
Do you simple need to return to your PPOR, say after 5 years, live there for half a year then the clock is reset?
 
Thanks Redsquash,

We bought for 275k in 2000 and I suspect it's around 600-650 based on some recent sales. We have spent about 50k on it in capital works, so in the order of 300k gain I believe.

No emotional attachment, but I believe it will be a solid property (capital wise) throughout its life due to the area, type of house and proximity to the city - that's more my reasoning for holding, also, I don't think I'd do alot better re-investing that money at the moment (particularly whilst oversea's).

Cheers,
 
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