Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
mini696(Initiate)Initiate
16 Nov 2022

I have sold a property (42acres bare land).

I can't tell exactly what I can claim off the difference in purchase to sale price for CGT.


What given the information below can I claim to reduce my CGT?


Purchase price was $99,000

Sale price was $205,000


Joint purchase 50/50 between me and my wife.

My income - $150,000

Her income - $0


These numbers are rough.

Costs to buy:

Bank fees, $600

Stamp duty, $1000

Solicitor, $1500

Pro-rata Council rates, $750


Costs to sell:

Bank fees, $150

REA commision, $5500

Solicitor, $1500


The property was not rented, lived on and has no dwellings.

During ownership we spent:

Shipping containers, $10,000

Bore (unsuccesful), $8,000


My calculations:

$205,000-$99,000 = $106,000

minus costs (purchase and sale) assume $10,000 = $96,000

halve that because it was owned more than 12 months = $48,000

halve that again - Wife 'earned' $24,000, I 'earned' $24,000


So three questions:

Are my calculations right?

Even though everything was in two names (me and wife) can she claim the whole CGT and I claim nothing?

Am I able to claim costs spent on the block (shipping containers, bank fees, drilling for the unsuccessful bore etc)?

991 views
1 replies
991 views
1 replies

Most helpful response

Most helpful reply

JodieR_ATO(Community Support)Community Support
21 Nov 2022

Hi @mini696,


If you own the property jointly you'd both declare your 50% share.


The way you report this on your return depends on whether this was a business venture, or if you're an investor and you've sold vacant land. You can view this information from our Vacant land webpage. If you purchase land for use in a business or profit-making activity that deals in land, we treat any sale proceeds as ordinary income. You may need to register for goods and services tax (GST).


If you're an investor, the original purchase price will be used when calculating your CGT, and you'd need to look at elements of the cost base in relation to expenses you may be able to include. Once you've determined your cost base, you'd deduct this from your sale price, the difference will be your capital gain or loss.


For investment income you'd report your entire 50% proceeds from the sale at the Capital gains or losses section - Total capital gain label. If you owned the property for 12mnths+ you can then apply the 50% CGT discount. The discounted figure gets reported at the Net capital gain label. This is also the label we look at when determining your tax rate.


We'd also recommend you speak with a tax agent who can help you determine how this needs to be reported.

All replies

Most helpful reply

JodieR_ATO(Community Support)Community Support
21 Nov 2022

Hi @mini696,


If you own the property jointly you'd both declare your 50% share.


The way you report this on your return depends on whether this was a business venture, or if you're an investor and you've sold vacant land. You can view this information from our Vacant land webpage. If you purchase land for use in a business or profit-making activity that deals in land, we treat any sale proceeds as ordinary income. You may need to register for goods and services tax (GST).


If you're an investor, the original purchase price will be used when calculating your CGT, and you'd need to look at elements of the cost base in relation to expenses you may be able to include. Once you've determined your cost base, you'd deduct this from your sale price, the difference will be your capital gain or loss.


For investment income you'd report your entire 50% proceeds from the sale at the Capital gains or losses section - Total capital gain label. If you owned the property for 12mnths+ you can then apply the 50% CGT discount. The discounted figure gets reported at the Net capital gain label. This is also the label we look at when determining your tax rate.


We'd also recommend you speak with a tax agent who can help you determine how this needs to be reported.

Loading
Calculating CGT after selling rural land. | ATO Community