Buying a property to renovate and make money need help understanding Capital Gains Tax

Hi everyone

Me and my partner are looking a buy a House and move into it and renovate it, then sell then if it goes well buy another house and do the same. So far off the ATO page it states:

Your ‘main residence’ (your home) is generally exempt from capital gains tax (CGT). To get the exemption, the property must have a dwelling on it and you must have lived in it. You're not entitled to the exemption for a vacant block.

Generally, a dwelling is considered to be your main residence if:

you and your family live in it (YES)
your personal belongings are in it (YES)
it's the address your mail is delivered to (YES)
it's your address on the electoral roll, and (YES)
services such as gas and power are connected

Part two also states

You're eligible for a full main residence exemption if the dwelling:

has been the home of you, your partner and other dependants for the whole period you've owned it YES)
has not been used to produce assessable income – that is, you've not run a business from it, rented it out or flipped it, and (As in flipped it is that in reference to making a profit on it ?)
is on land of two hectares or less. (YES)
If the full exemption applies your capital gain or loss is disregarded – you don’t pay tax on any capital gain, but nor can you use any capital loss to reduce your assessable income.

Then theres this also

Building or renovating your home
If you build a dwelling on land you already own, the land normally isn't exempt from CGT until the dwelling becomes your main residence.

However, you can treat land as your main residence for up to four years before the dwelling becomes your main residence if you:

have an ownership interest (other than a life interest) in the land
build, repair or renovate a dwelling on the land (or finish a partly constructed dwelling), and
move into the dwelling as soon as practicable after it's finished and continue to use it as your main residence for at least three months.
If you choose to do this, you can't treat any other dwelling as your main residence for the same period (except for a limited time if you're moving from one main residence to another).

Alternatively, you may be entitled to a partial exemption.

Its very unclear what the CGT I will pay and if will even apply ? If anyone has extensive knowledge I would love to hear it.

Thanks In Advance.

Comments

  • +2

    has not been used to produce assessable income – that is, you've not run a business from it, rented it out or flipped it, and (As in flipped it is that in reference to making a profit on it ?)

    Buying a house to renovate it and sell it for a profit (as you suggest doing) is referred to as "flipping".

    Here's some information.

    You must report the net profit or loss from renovation in your tax return.

    You will note from the example given on the page I linked:

    Because the property renovation activities were planned, organised and carried on in a business-like manner, the purpose of buying the property was to renovate it and make a profit, and the renovations were carried on in a similar manner to other property renovation businesses, Fred and Sally have entered into a one-off profit-making activity.

  • tl;dr

  • Its just that on another ATO page.. If we renovate a house and live in it as a main residence for 3 Months we can be exempt ?

    Building or renovating your home
    If you build a dwelling on land you already own, the land normally isn't exempt from CGT until the dwelling becomes your main residence.

    However, you can treat land as your main residence for up to four years before the dwelling becomes your main residence if you:

    have an ownership interest (other than a life interest) in the land
    build, repair or renovate a dwelling on the land (or finish a partly constructed dwelling), and
    move into the dwelling as soon as practicable after it's finished and continue to use it as your main residence for at least three months.
    If you choose to do this, you can't treat any other dwelling as your main residence for the same period (except for a limited time if you're moving from one main residence to another).

    Alternatively, you may be entitled to a partial exemption

  • I think this last part is the 5 year rule where the main property can be deemed CGT exempt even though you are not living there, but you must have an intent to live back there once all work is done.

    This shouldn't apply to you because "Me and my partner are looking a buy a House and move into it….."

  • -3

    Just do it. If the ATO wants a please explain after the fact just tell them the reno made you cash strapped and forced to sell.

    ATO will not say anything on first sale, maybe not even 2nd sale.

    Don't forget the ATO Deputy Commissioners son was defrauding them of millions and they did nothing.

    They just collect their monthly paycheck

    • +9

      OP I think what Chumlee meant to say is seek professional taxation advice from a registered tax agent regarding such technical matters.

      • Yip looks like I will have to :) Thanks for all the input.

      • ATO have bigger fish to fry. You think they care about someone flipping a house.

        • They care enough to have rules based off precedent.

        • @QW3RTY: and you don't want to be the case they decide to care about…

  • +2

    Days of making decent money on flipping houses are over, particularly if you're getting a builder to do the work.

    Stamp duty these days can eat up a lot of the gains.

    • +1

      Brother in law is a builder and they flipped a few houses over the years but say that Stamp Duty now makes it's not worthwhile.

      • +1

        If a builder can't make a decent gain from flipping, then the good times are over.

        That's not to say no one should do it, as you will get satisfaction and a nice house to live in. Just don't expect the large gains.

        Here's another fact about flipping houses, in the good old days, you would have made large capital gains even if you didn't renovate as most of the gains came from the the land appreciating.

        • +1

          If you enjoy doing it and it's a bit of a hobby for you and you can do a lot of it your self then I think it might be worthwhile. If you sit down at the end and calculate the hours you put into it and how much you have made then I suspect you will find night packing shelves at Woollies may have been the better financial option. Not everything should be a purely financial decision though.

  • See an accountant.

  • +1

    You're not entitled to the main residence exemption.

    Nor would this be treated as capital gains.

    You've purchased the property with a profit making purpose (ie buy fix sell at profit) so the profit is likely income not capital. Capital assets are meant to provide an enduring benefit.

    • Ok so meaning what ? I can sell pc's and Tv's but that stuff is beyond me 😣

      • If you don't understand it means you should see a tax agent.

        It means you report it in your tax return all like a business. The cost of your house is an expense like a deduction and the profit is income.

  • If profit-making is your significant purpose, you will be taxed on your profit.

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