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Rvehicle(Newbie)Newbie
4 Sept 2024

My mother recently bought a house outright (cash buyer), the title is solely in her name. I Lent her 1/3 of the purchase price. Instead of me going on the property title, we drew up a loan agreement stating that I had lent her 1/3 of the purchase price as an interest-free loan, and I will receive 1/3 of the sale price of the house when eventually it is sold (probably as part of her estate after she dies). The agreement also states that I have rights to occupy/rent out a portion of the property until it is sold.

My question is, when the house is sold and I receive 1/3 of the sale price, will I be required to pay tax on the profit? I.e. would this be considered a taxable capital gain on an investment?

And given this would be proceeds of the loan agreement and not an inheritance/technically not my PPR, would I be correct in assuming there is no inheritance/PPR-related tax exemption?

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Matt_ATO(Community Support)Community Support
6 Sept 2024

Howdy @Rvehicle,


Yes it's likely since you have a loan agreement stating that you will receive 1/3 of the sale price, this amount could be considered a capital gain. We typically treat such gains as part of your taxable income.


Because you are:

  • not on the title and
  • the agreement is structured as a loan.

You likely won’t qualify for the PPR exemption on your share.


If the property is sold as part of your mother’s estate, the proceeds you receive would still be subject to CGT. The inheritance itself is not taxed, but the capital gain from the sale of the property is.

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Most helpful reply

Matt_ATO(Community Support)Community Support
6 Sept 2024

Howdy @Rvehicle,


Yes it's likely since you have a loan agreement stating that you will receive 1/3 of the sale price, this amount could be considered a capital gain. We typically treat such gains as part of your taxable income.


Because you are:

  • not on the title and
  • the agreement is structured as a loan.

You likely won’t qualify for the PPR exemption on your share.


If the property is sold as part of your mother’s estate, the proceeds you receive would still be subject to CGT. The inheritance itself is not taxed, but the capital gain from the sale of the property is.

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