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When Does a CGT Event Occur In the Sale of Real Estate?

The most common Capital Gains Tax (CGT) event that happens to real estate is its sale or disposal. The time of the event is:

  • when you enter into the contract for the disposal
  • if there is no contract – when the change of ownership occurs, or
    if the asset is compulsorily acquired by an entity; the earliest of :
  • when you received compensation from the entity
  • when the entity became the asset's owner
  • when the entity entered it under a power of
    compulsory acquisition, or
  • when the entity took possession under that power

If land is disposed of under a contract, it is taken to have been disposed of when the contract is entered into – that is, not the settlement date. The fact that a contract is subject to a condition, such as finance approval, will generally not affect this date.

You are not required to include any capital gain or capital loss on your tax return for the relevant year until settlement occurs. When settlement occurs, you are required to include any capital gain or capital loss in the year of income in which the contract was made. If an assessment has already been made for that year of income, you may need to have that assessment amended.

For example: Pam signed a contract for the sale of a block of land on 25 May 2010. When she lodged her tax return in July 2010, she did not include the capital gain, as settlement had not yet occurred. When the change of ownership was completed, Pam requested an amendment to include the capital gain in her return.

Source: Australian Tax Office: Buying and Selling Real Estate

For assistance with or further information on Capital Gains Tax, please call us on 02 43 650 377.


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2013 The Year Ahead For Businesses

Written on the 10th of February 2013

No age limit for super contributions

From 1 July 2013, the upper age limit for superannuation contributions will be abolished.   Employers will be required to contribute to the complying super funds of eligible mature age employees aged 70 and older.

Payslip reporting of super payments

From 1 July 2013, employers will need to provide additional information about superannuation contributions on an employee’s payslip.  Employers will need to report the amount and expected date of contributions they are making. 

Living away from home

If you have employees living away from home, you need to know about the changes to the Living Away From Home Allowance system.  The Government tightened the eligibility rules from 1 October 2012 for all new agreements entered into from 8 May 2012. Transitional rules can apply to arrangements entered into prior to 8 May 2012 but the full set of new rules will apply from 1 July 2014 or when the arrangement is modified (whichever comes first).

Basically, the new rules limit the concession to 12 months in a particular work location (except for fly in fly out employees), require temporary residents and non-residents to maintain a home in Australia, and receipts to be kept for all expenses.

In-house fringe benefit changes

The concessional fringe benefit tax treatment of in-house fringe benefits provided by employers under salary sacrifice arrangements was abolished from 22 October 2012 (transitional rules apply until 1 April 2014 for existing agreements).    This change will particularly affect retailers providing discounted goods such as clothing, and organisations such as private schools that provide discounted education for children of employees.

Previously, in-house property and residual benefits were eligible for a 25% reduction in the taxable value.   While this change occurred in 2012, we are likely to see the full effect in 2013 and beyond.

Building and construction industry reporting

A new reporting regime came into effect on 1 July 2012 requiring businesses in the building and construction industry to report payments to contractors.  The first of these reports is due on 21 July 2013.  Businesses affected by the reporting regime need to report the contractor’s ABN, name, address, gross amount paid for the financial year, and total GST included in the gross amount.
 


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2013 The Year Ahead For Businesses

Written on the 10th of February 2013

No age limit for super contributions

From 1 July 2013, the upper age limit for superannuation contributions will be abolished.   Employers will be required to contribute to the complying super funds of eligible mature age employees aged 70 and older.

Payslip reporting of super payments

From 1 July 2013, employers will need to provide additional information about superannuation contributions on an employee’s payslip.  Employers will need to report the amount and expected date of contributions they are making. 

Living away from home

If you have employees living away from home, you need to know about the changes to the Living Away From Home Allowance system.  The Government tightened the eligibility rules from 1 October 2012 for all new agreements entered into from 8 May 2012. Transitional rules can apply to arrangements entered into prior to 8 May 2012 but the full set of new rules will apply from 1 July 2014 or when the arrangement is modified (whichever comes first).

Basically, the new rules limit the concession to 12 months in a particular work location (except for fly in fly out employees), require temporary residents and non-residents to maintain a home in Australia, and receipts to be kept for all expenses.

In-house fringe benefit changes

The concessional fringe benefit tax treatment of in-house fringe benefits provided by employers under salary sacrifice arrangements was abolished from 22 October 2012 (transitional rules apply until 1 April 2014 for existing agreements).    This change will particularly affect retailers providing discounted goods such as clothing, and organisations such as private schools that provide discounted education for children of employees.

Previously, in-house property and residual benefits were eligible for a 25% reduction in the taxable value.   While this change occurred in 2012, we are likely to see the full effect in 2013 and beyond.

Building and construction industry reporting

A new reporting regime came into effect on 1 July 2012 requiring businesses in the building and construction industry to report payments to contractors.  The first of these reports is due on 21 July 2013.  Businesses affected by the reporting regime need to report the contractor’s ABN, name, address, gross amount paid for the financial year, and total GST included in the gross amount.
 



2013 The Year Ahead For Businesses

Written on the 10th of February 2013

No age limit for super contributions

From 1 July 2013, the upper age limit for superannuation contributions will be abolished.   Employers will be required to contribute to the complying super funds of eligible mature age employees aged 70 and older.

Payslip reporting of super payments

From 1 July 2013, employers will need to provide additional information about superannuation contributions on an employee’s payslip.  Employers will need to report the amount and expected date of contributions they are making. 

Living away from home

If you have employees living away from home, you need to know about the changes to the Living Away From Home Allowance system.  The Government tightened the eligibility rules from 1 October 2012 for all new agreements entered into from 8 May 2012. Transitional rules can apply to arrangements entered into prior to 8 May 2012 but the full set of new rules will apply from 1 July 2014 or when the arrangement is modified (whichever comes first).

Basically, the new rules limit the concession to 12 months in a particular work location (except for fly in fly out employees), require temporary residents and non-residents to maintain a home in Australia, and receipts to be kept for all expenses.

In-house fringe benefit changes

The concessional fringe benefit tax treatment of in-house fringe benefits provided by employers under salary sacrifice arrangements was abolished from 22 October 2012 (transitional rules apply until 1 April 2014 for existing agreements).    This change will particularly affect retailers providing discounted goods such as clothing, and organisations such as private schools that provide discounted education for children of employees.

Previously, in-house property and residual benefits were eligible for a 25% reduction in the taxable value.   While this change occurred in 2012, we are likely to see the full effect in 2013 and beyond.

Building and construction industry reporting

A new reporting regime came into effect on 1 July 2012 requiring businesses in the building and construction industry to report payments to contractors.  The first of these reports is due on 21 July 2013.  Businesses affected by the reporting regime need to report the contractor’s ABN, name, address, gross amount paid for the financial year, and total GST included in the gross amount.
 


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