There have been webinars and newsletters galore about the new rules for taxing residential property sold within two years of acquisition.
The new Act doesn’t apply if:
- The property was the client’s “main home”
- A transfer under a relationship property agreement
- Sale of inherited property
But note the following:
- The period is not what you would usually think of as two years. The start and end dates apply differently. The period starts on the last day when the person acquires the property; usually the date on which the title is registered. It generally finishes on the date the client enters into an agreement to sell.
- Losses are ring fenced. But, if you were trading in property and made a loss on sale, it wouldn’t be ring-fenced.
- Profit on property bought and sold outside the two-year period may still be taxable under ordinary rules.
- The start date for sale “off the plan” is “Contract to purchase”.
- The “main home” exclusion cannot be used if it has been used twice in the last two years.
- The test applies to agreements to buy property (date of S & P) after 30 September 2015.