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本帖最后由 jeff_lawsons 于 2016-6-15 14:07 编辑
The income tax and GST implications will heavily depend on your intentions with respect to the property, both when you acquired it originally and during the course of owning the property. The GST and income tax treatment is likely to be consistent.
On a high level, it really comes down to whether you are realising a capital asset in the most advantageous manner or whether you are involved in a profit making undertaking or business activity.
If you are undertaking the subdivision as a profit making undertaking (ie, will be taxed on revenue account) then you would also very likely be considered to be carrying on an enterprise for GST purposes and GST would apply to the sale (although the margin scheme may be available to reduce the GST liability).
On the other hand, if you are merely realising a capital asset in the most advantageous manner then the subdivision and sale of the property should not be classified as an enterprise for GST purposes. In this case, any gain made on eventual sale of the property should be taxed on capital account (CGT). The 50% CGT discount may be available. For it to make happen, you must establish that your intention is to hold the property either as investment (to receive rent) or for private use and the sale is triggered by factors beyond your control. This generally needs to be supported by loan documents, budget / forecasts and relevant correspondence with third parties etc. You must retain as much documentation as possible to support this intention.
Assuming the property was never used as your main residence, then in situation 1 and 3, the property was never rented to anyone, it is unlikely the sale will be considered as merely realising a capital asset in the most advantageous manner. GST is likely to apply to the sale of the property, Any gain made on sale of the property should be taxed on revenue account (no CGT discount would be available.
In situation 2, the property was held for investment purpose (to receive rent), and it may be possible to argue that the property was held on capital account with the intention of earning rental income and subsequently something happened beyond your control. you decide to subdivide and sell without building a new dwelling on it, the sale is likely to be a mere realisation of a capital asset.
The ATO will assess the following factors to determine whether you are merely realising a capital asset in the most advantageous manner:
- You originally acquired the property for private purposes or as an investment;
- You did not acquire the property with the intention of subdividing the land and selling it at a profit;
- You do not have a history of property development;
- You undertake minimal work in relation to the land, preferably the minimum amount required to obtain council approval for the subdivision; and
- You do not undertake any construction on the land.
In situation 4, although the property was rented out, the fact that you develop the property by building new dwellings is more than merely realising a capital asset in the most advantageous manner, it is highly likely the sale of the property would be taxed on revenue account and GST would apply to the sale.
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羊肉串啊羊肉串 (2007-4-24) bluesummer 
发表于 2016-6-11 11:48
