CGT的有关问题

y8225009

      有一个朋友，1995年继承了遗产房，当时房价是20w。然后一直持有至今。
      这期间，这个朋友一共住过1年半，其余时间都是出租。近5年也都是出租的状态，朋友本人在其他城市还有3处房产。那么，现在他准备卖这个房子，房价大概在150万左右，那么一共要交多少CGT呢？还是说可以是自主不用交？
      求税务达人指点

jeff_lawsons

1.        If the property was the deceased’s main residence just before his/her death and was not being used to produce assessable income at that time then the cost base of the property in the hands of your friend should be based on its market value at the date of death - $200K

2.        If the property was not the deceased’s main residence just before the death (I.e., investment property), then the cost base of the property in the hands of your friend should be :

          a.        the deceased's cost base just before he/she died if it is a Post-CGT (purchased after 20 September 1985 )  dwelling; or
          b.        market value at the date of death if it is a Pre-CGT dwelling

3.        In order to apply the CGT exemption, your friend needs to live in the property and establish it as his main residence. If your friend chooses to continue treating the inherited property as his main residence under the absence rule, this means that he cannot treat any other dwelling as his main residence for the same period, another word, the other three properties he owns would not qualify for a full exemption when sold.

4.        Since absence rule can only last for 6 years, the sale of the inherited property may only qualify for a partial exemption. That is, your friend would only get a partial CGT exemption for the period when it was used as his main residence.

5.        The CGT calculation is set out in s118-200.

        Under this section the capital gain or loss is calculated using the following formula:

        Capital gain x non-main residence days / total days

        non-main residence days is the sum of:

(a) if the deceased *acquired the *ownership interest on or after 20 September 1985 - the number of days in the deceased's *ownership period when the *dwelling was not the deceased's main residence; and

(b) the number of days in the period from the death until your ownership interest ends when the dwelling was not the main residence of an individual referred to in item 2, column 3 of the table in section 118-195.

total days is:

(a) if the deceased *acquired the *ownership interest before 20 September 1985 - the number of days in the period from the death until your ownership interest ends; or

(b) if the deceased acquired the ownership interest on or after that day - the number of days in the period from the acquisition of the dwelling by the deceased until your ownership interest ends.

6.     Your friend would be able to apply the 50% CGT discount in order to reduce any capital gain that arises.