Could you tell me the CGT tax implication?
Q.
We bought a villa in December 2000 for $239,000. We lived in it
until February 2002 and then rented closer to work and the kid's
school. The villa was rented out in March 2002. In 2004, we bought
a unit to live in, and the villa was valued at $360,000 as we used
it's equity to buy our unit. We are now unable to service two
mortgages, and are thinking of selling the villa for around
$360,000. Could you tell me the CGT tax implication? Are we able to
claim the villa as our principal place of residence up until we
bought another property to live in? We have a depreciation schedule
done for the villa. I've read that I will need to repay the
depreciation claimed when we sell the property, is this correct? Is
there a 50% concession for this, since we lived in the villa?
A.
As more than six years have elapsed since you moved out of the
villa you have lost the option of treating it as your principal
place of residence. Therefore, you will be liable for CGT on any
increase in value from the date you moved out of it. The situation
may be different if you had moved back into the villa, but this
does not appear to be the case here. Make sure you discuss this
with your accountant in detail before you sign any contracts. There
will be an adjustment for the depreciation claimed and you will be
eligible for the 50% discount.