WA - Max number of renovate/sell deals b4 ATO says "NO"

Ok, the title is a bit messy but it goes like this...

A guy I work with (he's an idiot that I wouldn't normally listen to but you'll see why I'm quoting him in a minute) told me that a RE agent friend of his says that in WA you can only do the "renovate/sell-for-profit" thing, and claim the property as your PPOR, 6 times before the ATO says that any future such deals must be treated as a business/investment and you can't claim the CGT discount that is normally available to PPOR's.

I was under the impression that as soon as you do the renovate/sell-for-profit deal often enough or quickly enough and claim them as PPOR's then you will attract the attention of the ATO and you will lose the ability to claim the CGT discount that would otherwise be available to you because 'you are claiming the property as your PPOR for the main reason of avoiding tax'. This might be the second or third time you do this if you do it in quick succession.

Getting back to the idiot, his story was backed up the other day by an otherwise seemingly very helpful and intelligent RE agent who said exactly the same thing. "6 times is the limit in WA" and the suggestion was that there was no time limit to this. Maybe this agent was his friend???

This just seems unsupportable as how could you stop people doing this over a long time frame like 10 or 15 years?

Anyone able to clear this up for me once and for all?
 
Ive never heard of 6 being the specific number but ultimately we are talking the ATO here, ie Federal Govt taxes. If this rule is in place it will be nationwide and not just in WA.
 
I agree. The main hole in the argument is that income taxes are Federal, so the states have no authority to specify rules regarding CG.
 
That's also how I saw the ATO's involvement. It's just the idea that this has come from 2 independent sources (maybe!) and perhaps the WA thing was a mistake and the 'rule' really was national.
 
That's also how I saw the ATO's involvement. It's just the idea that this has come from 2 independent sources (maybe!) and perhaps the WA thing was a mistake and the 'rule' really was national.

Neither sources citing any relevant legislation, case law or rulings. Independent doesn't mean knowledgeable, it might just mean it's a common misconception. They haven't done something crazy like misreading the 6 year CGT exemption rule, have they?
 
Hogwash.

If you are talking ATO and capital gains tax then it is Commonwealth tax. state is irrelevant.

Secondly, if you are doing it as a 'business' then one or 2 could be enough for the proceeds to be taxable. In practice though you may 'get away' with a few.

Thirdly if it was deemed a business then CGT may not apply, as it may be straight income tax.
 
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