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pickerb(Newbie)Newbie
31 Aug 2022

I am selling a rental property to buy another rental property. I found the below article online. Does this still apply? How to we go about it if it does?


If you own real estate for a business or investment and you sell it, then quickly buy other real estates, you can defer paying capital gains tax on the initial sale until you sell the new property. This procedure is called a like-kind exchange or, after the section of the tax law that enables it, a 1031 exchange.

The rules around this procedure are somewhat precise, so it is important to make sure you do it in accordance with the law to avoid owing unnecessary tax. Generally, you must have the proceeds of the sale of the initial property transferred to a qualified intermediary rather than receiving cash for sale. Then, you must designate the desired replacement property in writing to the intermediary within 45 days of the sale and close on it within 180 days.

The 1031 exchange generally applies only to business and investment real estate, not your primary home. As of 2018, the 1031 exchange is only used for real estate, not for other investments like securities or artwork.

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2 replies
20,558 views
2 replies

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Most helpful reply

JodieR_ATO(Community Support)Community Support
1 Sept 2022

Hi @pickerb,


As @Bruce4Tax advised, the 1031 exchange is not under Australian legislation so it can't be used here. Our website advises - There is no general rollover or exemption for a capital gain you make when you sell an asset and:

  • put the proceeds into a superannuation fund
  • use the proceeds to purchase an identical or similar asset, or
  • transfer an asset into a superannuation fund.

For example, if you sell a rental property and put the proceeds into a superannuation fund, or use the proceeds to purchase another rental property, a rollover is not available.


So you'll need to declare your capital gain or loss in the FY you sell or dispose of your investment property.

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Bruce4Tax(Taxicorn)Taxicorn
1 Sept 2022

1031 exchange is USA tax law, not AUS tax law - so has no affect here.


https://www.domain.com.au/news/can-i-avoid-paying-capital-gains-tax-[Removed by moderator]-wyn5/


Most helpful reply

JodieR_ATO(Community Support)Community Support
1 Sept 2022

Hi @pickerb,


As @Bruce4Tax advised, the 1031 exchange is not under Australian legislation so it can't be used here. Our website advises - There is no general rollover or exemption for a capital gain you make when you sell an asset and:

  • put the proceeds into a superannuation fund
  • use the proceeds to purchase an identical or similar asset, or
  • transfer an asset into a superannuation fund.

For example, if you sell a rental property and put the proceeds into a superannuation fund, or use the proceeds to purchase another rental property, a rollover is not available.


So you'll need to declare your capital gain or loss in the FY you sell or dispose of your investment property.

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Can I defer paying capital gains tax if I sell my rental property and quickly buy another? | ATO Community