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Capital Gains Tax

Noel Whittaker | July 9 2008 | The Sydney Morning Herald & The Age (subscribe)

If we sell all properties and place all funds into a pension to be drawn on as required, is CGT applicable?

Q.

I am closing in on retirement at 55 - my wife is seven years younger, and we have five investment properties. I have read that if we sell all properties and place all funds into a pension to be drawn on as required, then no capital gains will be payable on the sale of the properties. Is this true and what are the details?



A.

Unfortunately this is not true. If you are eligible to contribute to super, and also eligible to claim a tax deduction for your super contributions, you could progressively sell the properties and mitigate CGT by making a tax deductible contribution to super. Make sure you take advice because you can't afford to get it wrong.

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