Rules to keep in mind
This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.
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There are a few rules to keep in mind when you calculate your capital gain or capital loss from real estate, in particular rules relating to:
- the costs of owning the real estate
- cost base adjustments for capital works deductions.
Costs of owning
You do not include rates, insurance, land tax, maintenance and interest on money you borrowed to buy the property or finance improvements to it in the reduced cost base. You only include them in the cost base if you:
- acquired the property under a contract entered into after 20 August 1991 (or if you didn’t acquire it under a contract, you became the owner after that date)
- could not claim a deduction for the costs because you did not use the property to produce assessable income, for example, it was vacant land, your main residence, or a holiday home during the period.
Cost base adjustments for capital works deductions
In working out a capital gain for property that you used to produce assessable income (such as a rental property or business premises), you may need to exclude from the cost base and reduced cost base capital works deductions you have claimed in any income year (or omitted to claim, but can still claim, because the period for amending the relevant income tax assessment has not expired).
For information on when property (for example, a building, structure or other capital improvement to land) is treated for CGT purposes as a CGT asset separate from the land, see:
You must exclude from the cost base of a CGT asset (including a building, structure or other capital improvement to land that is treated as a separate asset for CGT purposes) the amount of capital works deductions you claimed (or omitted to but can still claim because the period for amending the relevant income tax assessment has not expired) for the asset if you acquired the asset:
- after 7.30pm AEST on 13 May 1997, or
- before that time and the expenditure that gave rise to the capital works deductions was incurred after 30 June 1999.
However, if you omitted to claim capital works deductions because you did not have sufficient information to determine the amount and nature of the construction expenditure, there is no need to exclude the amount of such deductions from the cost base of the CGT asset.
Reduced cost base
You exclude the amount of the capital works deductions you claimed (or omitted to claim but can still claim because the period for amending the relevant income tax assessment has not expired) from the reduced cost base. However, if you omitted to claim capital works deductions because you did not have sufficient information to determine the amount and nature of the construction expenditure, there is no need to exclude the amount of such deductions from the reduced cost base of the CGT asset.
Example 53: Capital works deduction
Zoran acquired a rental property on 1 July 1998 for $200,000. Before disposing of the property on 30 June 2021, he had claimed $10,000 in capital works deductions.
At the time of disposal, the cost base of the property was $210,250. Zoran must reduce the cost base of the property by $10,000 to $200,250.
End of example
There is generally no rollover or exemption for a capital gain you make when you sell an asset and put the proceeds into a superannuation fund. There is also no general exemption or rollover when you use the proceeds to purchase an identical or similar asset, or you transfer an asset into a superannuation fund. For example, a rollover is not available if you:
- sell a rental property and put the proceeds into a superannuation fund, or
- use the proceeds to purchase another rental property.
A rollover may be available in special circumstances, in particular for:
- compulsory acquisition of property or
- marriage or relationship breakdown.
However, an asset or the capital proceeds from the sale of an asset may be transferred into a superannuation fund in order to satisfy certain conditions under the small business retirement exemption.
Keep appropriate records, see Records relating to real estate.
Last modified: 20 Jul 2021QC 64895