Myself, my husband, my sister and her husband bought a property together which has two houses on One title. Four of our names are on the title.Each of the house got its own Land ID. My family live in the front house as our main residence and my sister family lives in the back house as their main residence. Will we have to pay Capital Gain Tax when we sell the property? Thanks.
CGT is based on the legal ownership of a property. This is the title. If the property is not income earning and is the main residence of the owners then the sale of the property is exempt from CGT.
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How does each house have its own "Land ID" where there's only a single land title.
Maybe you have a small strata plan with just 2 unit entitlements ?
More details needed.
Hi Ken,
The previous owner must had attempted to apply for a sub-division but in the end didnt complete it is our best guest. We're not sure, we were made aware of the separate land IDs when the State Revenue Office hit us up with Land Tax bill citing although both houses on the same tittle they each have their own land ID and therefore we're liable for Land Tax (I'm liable for the share on my sister family house and they're liable for mine)...Strange, but that's what we're told and that's what triggered our concern about Capital Land Tax. There's definitely no strata and definitely just under one tittle. Each house got it's own electric and water meter and separate council rate bills.
Any advice from anyone re how to contest the Land Tax bill would greatly be appreciated as the property is not income earning and is our main residence so we really shouldnt have to pay for any land tax.
Cheers,
JTG
You should have a meaningful discussion with an experienced accountant.
S/he can describe and discuss the many relevant taxing issues, and help you conclude good outcome/s.
Don't forget that any "free advice" you receive in this forum, is worth what you paid for it, ie nil (GST included).
CGT is based on the legal ownership of a property. This is the title. If the property is not income earning and is the main residence of the owners then the sale of the property is exempt from CGT.
Thanks TaxDuck for clearing that up, much appreciated :)
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