Selling a property that has been used for both rental and residential purposes involve several capital gains tax (CGT) considerations. Here
are some key points to keep in mind:
Choosing CGT Exemptions
If you keep your original home and rent it out after buying a new one, you need to decide whether to retain the full CGT exemption on your
original home or apply it to the new one. There are strategies that might allow you to benefit from both.
Rental Before Residence
If you rent a property first and then move in, you might miss out on some concessions that could reduce your CGT liability.
Inheritance and Mixed Use
Specific CGT rules apply to properties with mixed use when the owner passes away and beneficiaries sell the property later. These rules can
be complex, but with good planning, they can lead to positive outcomes.
Calculating Partial Gains
When calculating any partial capital gain or loss for properties used for both rental and residential purposes, you need to consider whether
a market value cost can be used and account for non-deductible mortgage interest and other costs.
Deductions and Write-Offs
Keep track of any deductions claimed, like building write-off deductions, and whether those amounts need to be adjusted when selling the
property.
50% CGT Discount
Determine if any partial capital gain can qualify for the generous 50% CGT discount, which is a significant tax concession.
Planning for Mixed Use
If you live in the property first, you might be able to keep its full CGT exemption for up to six years. If you rent it out for more than
six years and later calculate a partial CGT exemption, you could benefit from a market value cost from when you first rented it.
In summary, selling a property with mixed rental and residential use involves several CGT considerations, including how to make the most of
different concessions to lower your potential tax liabilities. If you’re in this situation or thinking about buying a property for mixed
use, it’s wise to seek professional advice to navigate these complexities effectively.