Life Interests Testamentary Trusts

MAIN RESIDENCE EXEMPTION PART 2 – ADJACENT LAND

 

In the event that adjacent land is split from a taxpayers main residence and separately sold, a capital gains tax event will occur, even when the original block is less than 5 acres.

Case Study 

Bob acquired a residential property on 2 acres for $1 million, it has been his main residence for the entire ownership period, 4 years. The property encompasses two adjoining titles, Title 1 includes the dwelling, Title 2 includes a swimming pool, a shed and other facilities but no part of the dwelling.  

Bob has now been offered approximately $1.5 million for the sale of the second title on its own. He seeks guidance on the capital gains tax consequences of selling the second title and in particular, whether a main residence exemption is available to him. He does not intend to sell the first title which will be retained and will remain his main residence.  

Capital gains tax will apply to this sale and a main residence exemption will not be available. The actual cost base of the portion of land will need to be established. It will be a reasonable portion of the purchase price paid for both lots plus a proportion of associated cost base items incurred on the property since. As the property has been owned in excess of 12 months, a general 50% CGT Discount will be available.  

Notably, should Bob sell both titles to the same purchaser under the one contract, a main residence exemption would be available.

Please contact Andrew Marshall or Janine Orpwood at Langley McKimmie Chartered Accountants on (03) 5427 8100 to discuss further.

We provide accounting and wealth management services to clients in WoodendGisborne and Macedon Ranges areas within Victoria Australia.   

The content within these articles was correct at the time of writing. Please contact us for updated information and advice. 

We provide accounting and wealth management services to clients in Woodend, Gisborne and Macedon Ranges areas within Victoria Australia.

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