How Australians Can Pay ZERO Taxes Legally? Australian Real Estate | Property Investing Australia
Summary
TLDRThis video features Nick Hill discussing strategies for making tax-free income from property investment in Australia. He covers the six-year main residence exemption, the potential tax benefits of shifting your home to an investment property, and the importance of structuring your portfolio correctly. Hill also addresses depreciation, deductions, and the tax implications of renting out a property before moving in. He emphasizes the value of consulting with an accountant before purchasing an investment property to maximize tax benefits and avoid future complications.
Takeaways
- 🏠 The 'main residence exemption' is a significant tax incentive in Australia, allowing homeowners to sell their property tax-free on capital gains if it was their primary residence.
- 🔄 There's a 'six-year main residence exemption' rule which allows homeowners to shift their main residence to an investment property and sell it within six years without paying tax on the capital gain.
- ⚠️ If another property is declared as the main residence during the six-year period, the tax exemption can be lost, emphasizing the importance of careful planning.
- 🌊 An example scenario is provided where shifting a home in Brisbane to an investment property while living in Sunshine Coast can be a tax-effective strategy if done correctly.
- 💰 The script suggests that there's a potential for making tax-free income through property investment, which is a significant loophole in the Australian tax system.
- 📈 For those not fitting the 'six-year exemption' scenario, getting a property valuation when shifting main residences can help lock in increased value, reducing future capital gains tax.
- 🏡 The discussion highlights the importance of proving intent to live in a property to claim tax benefits, especially when circumstances force an early move.
- 🔩 Depreciation is a key strategy for property investors to reduce taxable income, with different rules for depreciating furniture and the property's structure itself.
- 💼 Consulting an accountant before purchasing an investment property is crucial for structuring the investment correctly to maximize tax benefits and minimize liabilities.
- ⏳ The script warns against common pitfalls like incorrectly claiming travel expenses to rental properties, which are no longer deductible, and the importance of being aware of current tax laws.
Q & A
What is one of the biggest loopholes for making tax-free income in Australia?
-One of the biggest loopholes for making tax-free income in Australia is utilizing the main residence exemption rule, which allows individuals to sell their property without paying tax on the gain if they have lived in it as their main residence.
What is the six-year main residence exemption rule?
-The six-year main residence exemption rule allows individuals who shift their main residence to an investment property to sell it within a six-year period after the transition and still pay no tax on the sale, provided they do not declare another main residence during this period.
Why is it important to move into a property immediately after purchase if intending to claim it as a main residence for tax purposes?
-Moving into a property immediately after purchase is important because if the property is rented out before the owner moves in, it can disqualify the property from being considered a main residence for tax exemption purposes, even if the rental period is short.
How can a valuation of a property help in minimizing capital gains tax when shifting from a main residence to an investment property?
-A valuation of a property at the time of shifting from a main residence to an investment property can help lock in the increased value at that point, which increases the cost base and minimizes the capital gains tax liability when the property is eventually sold.
What are the two types of depreciation that can be claimed on an investment property?
-The two types of depreciation that can be claimed on an investment property are standard depreciation, which applies to items like furniture and appliances, and capital works deduction, which applies to the depreciation of the physical property itself, such as the house structure.
Why is a quantity surveyor's report necessary for claiming depreciation on an investment property?
-A quantity surveyor's report is necessary for claiming depreciation on an investment property because it provides a detailed assessment of the assets in the property and their effective lives, which the Australian Tax Office (ATO) requires to determine what can be claimed as a deduction.
What are some common expenses that can be claimed as deductions on a rental property?
-Common expenses that can be claimed as deductions on a rental property include interest on the home loan, council rates, body corporate fees, insurance, bank fees, water rates, and utilities. Additionally, repairs can be deductible, but care must be taken to distinguish between repairs and renovations for tax purposes.
Why is it important to consider the structure of ownership when purchasing an investment property?
-The structure of ownership is important because it can significantly impact tax liabilities. For example, placing a positively geared property in the name of a spouse with a lower tax rate can reduce tax payable, while placing a negatively geared property in the name of a higher-income spouse can maximize tax deductions.
How can the timing of moving out of a main residence affect its tax-free status when sold?
-The timing of moving out of a main residence can affect its tax-free status because if the property is rented out or vacant before the owner moves back in, it may no longer qualify for the main residence exemption, potentially leading to tax liabilities on the capital gain when the property is sold.
What are the implications of buying a property off the plan and then moving out shortly after settlement for tax purposes?
-Buying a property off the plan and moving out shortly after settlement can result in a large capital gain being tax-free if the property was used as a main residence for at least six months. However, if the property was rented out before the owner moved in, that period may be taxable, and the tax implications should be carefully considered.
Outlines
🏠 Tax Implications of Shifting from Main Residence to Investment Property
The first paragraph discusses the tax benefits and considerations when transitioning a property from a main residence to an investment property in Australia. It highlights the 'six-year main residence exemption' rule, which allows individuals to sell their former main residence within six years of transitioning it to an investment property without paying tax on the capital gain. The paragraph also warns of the risks involved, such as losing the exemption by declaring another property as the main residence during this period. It provides an example scenario where an individual moves from Brisbane to the Sunshine Coast, rents out their Brisbane property, and sells it after five years without incurring tax liabilities, illustrating the potential wealth-building opportunities.
💼 Capital Gains Tax Exemption and Valuation Strategies
Paragraph two delves into the nuances of the capital gains tax exemption, particularly focusing on the importance of proving intent to live in a property to claim tax-free profits. It suggests that while a general rule of thumb is to live in a property for six to twelve months, the key factor is the genuine intention to reside there. The paragraph also advises on the strategy of obtaining a property valuation at the time of moving out to lock in the increased value for tax purposes, which can minimize future capital gains tax liabilities. It emphasizes the responsibility of the taxpayer to provide proof to the Australian Tax Office (ATO) and the potential risks of frequent property transitions.
🛠 Depreciation and Deductions for Investment Properties
The third paragraph explains the concept of depreciation for investment properties, distinguishing between standard depreciation for movable assets like furniture and capital works deduction for the property's structure. It outlines how these deductions can be claimed and their impact on taxable income. The paragraph also discusses the tax benefits of obtaining a quantity surveyor's report, which is required for claiming depreciation on a property but is itself fully deductible. It touches on other deductible expenses such as interest on loans, council rates, insurance, and repairs, while cautioning against mistaking repairs for renovations, which are subject to different tax treatment.
💡 Structuring Investment Properties for Optimal Tax Benefits
Paragraph four addresses the importance of structuring investment properties correctly to maximize tax benefits. It discusses the impact of property ownership on tax rates, suggesting strategies such as placing positively geared properties in the name of the spouse with no taxable income to avoid tax. Conversely, it advises against placing negatively geared properties in the name of the non-earning spouse, as this would reduce the tax benefit of deductions. The paragraph also mentions the implications of land tax, the potential use of trusts, and the long-term considerations for property investment. It underscores the significance of consulting with an accountant before purchasing an investment property to avoid costly mistakes and future tax liabilities.
📍 Walker Hill: Specializing in Property Market Advisory and Structuring
The final paragraph introduces Walker Hill, a firm that offers services to small businesses and high net worth individuals, particularly in the property market. It outlines the firm's focus on compliance, tax, and advisory services, including structuring property portfolios and providing strategic advice on property investments. The paragraph concludes with contact information for those interested in learning more about Walker Hill's services.
Mindmap
Keywords
💡Tax-free income
💡Main residence exemption
💡Investment property
💡Capital gains tax (CGT)
💡Six-year main residence exemption
💡Depreciation
💡Quantity surveyor's report
💡Negative gearing
💡Capital works deduction
💡Structuring
Highlights
The main residence exemption is a significant tax incentive in Australia, allowing homeowners to sell their property tax-free.
The six-year main residence exemption allows for tax-free sale of a property within six years of transitioning it to an investment property.
Care must be taken not to declare another main residence during the six-year exemption period to avoid losing the tax benefit.
If shifting from a main residence to an investment property, getting a property valuation can lock in increased value and reduce capital gains tax.
The tax-free income loophole is a significant advantage for property investors in Australia.
A general rule of thumb is to live in a property for six to 12 months to claim tax-free profits when selling.
Intention and immediate move-in are crucial for claiming a property as a main residence for tax purposes.
The ATO is less likely to investigate frequent property transactions if they appear to be one-off events rather than a pattern.
Depreciation on furniture and capital works deductions are two key tax deductions available to property investors.
A quantity surveyor's report is required by the ATO to claim depreciation and capital works deductions.
Interest on home loans is a significant deductible expense for property investors.
Repairs and maintenance costs are deductible expenses for property investors, but must be distinguished from renovations.
Travel expenses to rental properties are no longer deductible due to recent ATO rule changes.
Structuring the purchase of an investment property correctly can significantly impact tax outcomes.
Purchasing an investment property in the name of a spouse with a lower tax rate can reduce tax liabilities.
Land tax implications should be considered when structuring property investments, as trusts can offer tax benefits.
The long-term perspective and potential changes in circumstances should be considered when structuring property investments.
Transcripts
is one of the
biggest sort of loopholes it's pretty
much
you tell me but it must be the only way
in australia to make
tax-free income you'd be surprised a lot
a lot of people do it um and i've very
rarely seen the ato kind of come down on
it
tax-free money in australia at the
moment in today's video we have account
nick hill taking us through the one way
you can make income in australia without
having to pay tax he also takes us
through if you think about buying
investment property the things you need
to be aware of if you think about
turning your current home into an
investment property what to do and how
to correctly structure your portfolio if
you're looking at making wealth from
property investment it's an
action-packed video so i hope you get
lots of value from it let's jump right
in moment like a lot of people have
bought properties over the last two or
three years have sort of built up a lot
of equity and and the question i'm
getting asked a lot is like if i'm
thinking about turning my home into an
investment property and then buying
anything to live in potentially
what should i do like what's some
questions you should think about and
they're shifting like a main residence
to an investment property yeah
so it's a pretty pretty big topic that
one uh there's a lot of benefits that
can come out of it but there's also a
lot of risk areas as well
um
ultimately
uh with with uh with your main residents
there's uh there's this um amazing tax
incentive called the main residence
exemption where effectively if you
choose to sell your property um that you
lived in um
you ultimately pay no tax on the gain
which is which is amazing
so uh it's a little bit different for
rental properties where ultimately any
capital gain you earn on the rental
property is taxed again at the rate
that your personal
position falls into
however if you're shifting a main
residence to an investment property
one of the big ones you need to consider
is obviously this main residence
exemption
there's this
great rule called the six year main
residence exemption
where
ultimately
if you shift your main residence to an
investment property you could still
claim
um ultimately you could sell this
property
within six year period of doing this
transition and still pay no tax on sale
which is amazing like that's that's
awesome like a six year growth
can't beat that
so that's a great part the
double-edged sword there is you've got
to be really careful if you go and do
that
but then decide to declare another main
residence during that period and pretty
much wipes that out so you've got to be
really careful for example perfect
perfect scenario you go
you've got a house in brisbane but you
want a sea change you want to go live on
the sunny coast and
rent out your your home here you shift
it to an investor property you take out
a rental at the sunshine coast so you
don't own it it's not your main
residence and you could effectively live
live there for six years paying rent
building the equity in your brisbane
property and then say five years in you
go yeah time to sell
prop the market's hot make a big gain a
zero tax brilliant then you go out take
that money say you want to then shift
into our main residence in the sunny
coast damn that's a perfect thing to
consider when you're shifting from uh
main residence to investment property
for sure
yeah i think let's come back to that but
um more on the the capital gains
exemption for a home because i think
this is one of the biggest
it's a loophole it's there people know
about it but in the case where um you
know in that example where say you're
moving from brisbane going to the
sunshine coast um potentially so if you
bought a home on the sunshine coast is
there anything you should do like
getting evaluation on your previous home
the time you leave like what's some
stuff
that you should yeah essentially think
about doing so at that point
if you do do kind of uh a jump between
main residents
that does obviously that that puts you
into that risk area
but what you can do is at that point you
can if you shift from one main res to
another or declare a new main residence
you can actually organize a valuation at
that point in time on the original
property
uh to then lock in that
increased value like you do this on the
basis that the property's gone up in
value and so you can lock that in which
in
in fact will increase your cost base
which will then in the future if you do
go to sell it
uh minimize your your capital gains tax
so yeah that's a perfect way to do it if
you kind of don't fall into that perfect
scenario of being able to claim the full
six years uh you can ultimately look to
trigger evaluation once you do shift one
from one main residence to another so
yeah it's a it's a huge win as well yeah
that's a huge one i see it a lot you
know where you might have bought a
property originally for three hundred
thousand you move out five years later
it's worth five hundred thousand um you
get a valuation when it's worth 500 so
when you go and sell it it's not you
know the capital gains aren't calculated
on the original 300 purchase prices on
the 500 it's kind of can help you save
tax on that um absolutely i guess you
can get a you can get stuff it's harder
to get back dated i suppose it's a point
in time so it's definitely something you
probably want to think about
when you're doing that yeah absolutely
uh you know when it comes to the ato the
owners of proof is always on the
taxpayer unfortunately
so getting valuations dated back three
four five years
traditionally you know
it loses a bit of credibility but if you
get the valuation
yeah at that point in time
when you're looking to do the transition
it definitely stacks up a lot more
effectively so yeah 100
yep and so that back to the capital
gains tax exemption i think this is one
of the
biggest sort of loopholes it's pretty
much
you tell me but it must be the only way
in australia to make
tax-free income um
so like i guess practically
how does that work is there a limit
do you have to live in the home for a
certain amount of time to claim to be
able to sort of profit like what if you
bought a home off the plan
it settles tomorrow and i move out the
next day
for a hundred thousand dollars profit do
i get to keep that hundred grand like
what are some of the rules around that
that you know tax-free income
yeah it's uh
it's great there's there's a rule of
thumb of six to 12 months um
like the longer the longer you're in
there the more it's going to stack up
well
but that's not it's not the be-all and
end-all it it really comes down to
intention as well um if you can
obviously live in there for a minimum of
six months that kind of works really
effectively
uh but sometimes you find that
you've chosen to uh
buy the family home and then there's
some personal circumstances that are
kind of
blown up in your face and you've got to
make a transition out you do
the one thing that you do need to do
though is you need to make sure you move
in straight away
right that's that's actually one that
catches a lot of people out
i've seen i've come across scenarios
where individuals have purchased
their main residence but it was rented
and so
what's happened is uh following the data
settlement it was rented for three
months
and a lot of people actually believed
that um
as long as you can move in at the
earliest like the convenient time that
that period doesn't count but it does if
you
have that someone renting
from date of you settling that actually
throws the main residence out which is a
huge
huge punishment to the person moving in
so the one thing you want to do is move
in straight away
the longer you're in there the more that
works in your favor
by general rule of thumb six to 12
months gets you the win
um but yeah if you move in for three
months and then personal circumstances
have you having to jump ship
that can work in your favor you just
need to prove intent
though
and i guess like if if you're doing this
once you buy a house you move out in 12
months and you move to another one it's
like
it's generally okay but for
people that do this as a profession um
yeah surely the ato be on that right
like if i bought a house every
12 months and one day
sold it for a massive profit
and then did it rinse and repeat every
year and every year like although i'm
gonna be tax free as like living in you
know
you'd think um
you'd think the ato would be more on it
but it's a common practice i especially
see it in construction the construction
game people that do this for a living
ultimately if um yeah you
have your main residence you move in um
they traditionally do a little bit of it
up
be able to sell it for a profit um
it me it meets the rules and uh at the
end of the day uh yeah it's it's a tough
argument for the ato
the more you do it the more argument you
give to the ato to obviously investigate
and question what you're doing
but you'd be surprised a lot a lot of
people do it
and i'm very rarely seen the ato kind of
come down on it wow so arguably it's the
only way to make tax-free money in
australia at the moment clearpoint like
i do see a lot at the moment where um
first home buyers home buyers are buying
a home to live in but it's rented for
three or six months um then they're
going to move into it so
are there any risks of buying a property
in that circumstance like say if you if
it was rented for three months you move
in there you still meet the bank's own
occupied rules the stamgy exemptions et
cetera et cetera are there any risks for
when you go and sell it in like five
years that it was technically an
investment property do you have to do
anything differently because you're a
landlord for three months what's some
stuff look at
technically uh you've got a three-month
period which is effectively taxed so
i sell it
you sell it at the five year mark um
three months like what's that that's or
something like five percent of the whole
ownership period technically you should
be paying tax on the five percent
wow
yeah it's a bit of a bit of a sneaky one
um
but
you know that's
that's a five-year period a lot happens
in five years uh
it's tough to track
to be honest uh but
it is technically a risk area you need
to be careful of
so what you ultimately want to do is
get the get the renters out before you
move in
okay no that's that's interesting yeah
or extend settlement i've had some
clients do that because it does cause
issues with like the first home loan
deposit scheme you have to move in
within six months so if there's a lease
in place like it causes dramas
um
so that's that's probably the first way
to save you know to pay no tax and the
second way to pay tax is is depreciation
and sort of running expenses on there i
know you're not a depreciation expert
per se but it's something you deal with
a lot do you want to explain yeah
definitely how that works because
obviously there were some rule changes a
couple of years ago where
this this was changed pretty
dramatically but how does it kind of
work today on an existing property on a
property yeah yeah so uh there's two
different types of uh depreciation i
keep it fairly simple you know you've
got your your standard depreciation
which is um i know fridge freezers uh
lounges all of the the kind of things
you could take away with you uh the
furniture effectively um and then you've
got your capital works deduction which
is
um depreciation of the physical
properties so the house itself
um the you know the bedrooms the the
infrastructure effectively so there's
these two different deductions that are
available to you
uh
they work they work quite differently uh
the depreciation of furniture uh you can
write that off a lot more aggressively
so you're looking at
uh effective life which is the life of
the furniture let's just use a fridge
for example could be four years pay a
thousand dollars for a fridge you can
claim a 250 deduction each year for four
years
right um so that's pretty
straightforward one the capital works on
the other hand uh being on the house
itself
uh is at a flat 2.5
over 40 years so it's not a massive
deduction
uh but it's consistent for the life that
you're kind of renting out the property
uh both these the deductions uh what i
call notional so you're not physically
paying for them every year but you're
getting the deduction because you've
pretty much paid for them
you know either on purchase of the
property or you've gone out and bought
the furniture
um
both of these deductions work against
bringing your taxable income down and
that's where this this one is probably
the biggest one other than interest that
helps you drive a positively geared
property into a negatively geared
property it helps you cash flow and like
i guess it helps
yeah withholding at the end of the year
because you might get a refund um yeah i
guess down that similar vein like what
are some other expenses that you can
claim on a property
that you're renting
one of the big ones that people don't
know about
which is a bit of a win is obviously to
be able to claim depreciation and um
capital works you need to
the ato requires you to get a quantity
surveyors report now
and that's pretty much a report that
tells you what you're allowed to claim
based on the the assets in the house the
furniture in the house and then the
value of the house
that quantity surveyors report is going
to cost you money but that's fully
deductible
so
basically you can claim a deduction on
getting a deduction which is pretty cool
um so that's typically a win and when i
tell most homeowners about that they
pretty much go and get the report
straight away because why not
beyond that interest is your second
biggest deduction nine times out of ten
uh so the interest on the home loan that
you paid throughout the year
great deduction and sometimes you can
get a win on that by doing prepayments
of interest
i don't see it very often anymore but um
it is a a nice little windfall but
you've got to consider the year-on-year
effect of that interest because if you
do a prepayment what you're effectively
doing is you're bringing next year's
deduction 40-year
so you just got to be careful with that
you want to do it when your tax rate is
at its at its peak or
maybe you just want to kind of double
down on you on your refund so you do it
in that that year so those are the two
biggest deductions then from there you
know you've got your council rates
you've got your body corps for your town
houses and
apartments
uh you've got insurances so you want to
take insurance out over the property
which is fully deductible
you might have to pay some bank fees
throughout the year again deductible
water rates utilities
another big one
one that can be potentially big is
repairs
so you could one year have a repair of
100 bucks fully deductible you might
have to go out and do some pretty
significant repairs one year
they can really add up and you can
pretty much get a really good deduction
in that instance
i'd probably just disclaim you've got to
be really careful with repairs they can
transition into what's called
renovations or improvements once it
falls into that realm it goes under this
quantity surveyors report concept that
i've spoken about so
if that's the case a repair is 100
deductible but if it falls under a
renovation
it falls under that depreciation rule
and ultimately is depreciated over a
period of time so you should be careful
with that but
those are those are the big
big deductions that are available
i don't like to talk about what we miss
out on but uh unfortunate rules changing
a few years ago a lot of people used to
travel to their rentals
and claim uh flights and
and uh you know car allowances and stuff
like that the ato pretty much ripped
that out
so if anyone's telling you you can claim
travel to rental properties they're
living in the past unfortunately
um and it was a big loss for a lot of
people you know they were actually using
the gold coast tourism market
yeah yeah the interstate travel uh to go
check out the rental and do repairs um
it's a big loss but um it is what it is
yeah john i used to fly up every year to
sydney or from sydney the gold coast and
that was his thing but yeah like it
changed a couple of years back um find
their first investment property
a lot of times you kind of just go in
there without thinking don't talk to an
accountant don't look at stuff like
what's
why would you talk to your accountant
before you buy an investment property
what's some stuff that you've seen that
can go wrong
and i guess stuff like tips that you
give to people to try and maximize the
tax deductions overall
big big one that i deal with a lot is
the structure the structuring side of
things um purchasing in the right
right entity
uh
even if we don't overcomplicate it and
do like a review of companies and trusts
even looking at the individuals so
uh you know you might have a mum and dad
team where dad
ultimately has a
effective tax rate of
47 which is huge um and then the wife uh
makes no money stay at home with the
kids for argument's sake uh has no
taxable income
now you know talking really in isolation
and obviously this is general so each
circumstance is different but if you
were to say have a positively geared
property
and you put that in the husband's name
you're paying 47 tax so for every dollar
you earn positively gear wise you're
pretty much
paying the tax man 47 cents all right so
in that case it's a no-brainer you'd be
putting it in in the wife's name where
she's not making any money on any income
you pretty much probably paying no tax
on the positive with your property which
is awesome
flip side on that if you're looking at
negative gearing same scenario and then
you put it in the wise name or even if
you split it 50 50
right so we want to hedge our beds
that's all well and good but you've now
lost 50 of the deduction going into the
wife's name because she has no taxable
income
right and so you're kind of losing out
on a tax saving in the husband's name
or the dad's name which so you'll be
really careful with that that's a lot of
advice that we give is finding the right
place because each each circumstance is
different
sometimes
people want to look at investment trusts
as well
got to be careful with that because if
it's a negatively geared property the
losses get captured in the trust you
can't use them so again like why would
you put it in the trust in that case
um you've also got to be careful land
tax land tax in the individual's name is
quite high throw it in a trust it pretty
much halves it goes down to like 350k
which if you've got a land rich property
and a family trust or or a company
you're paying land tax every year that
you wouldn't have otherwise paid if it
was in your personal name so you'll be
really careful with with little things
like that um
big things like that to be honest land
tax is a bit of a nightmare
yeah yeah i guess there's a lot to
consider there because even the common
thing is you know buying first
investment property
current properties in both our names
we're going to buy it together you go
and sign the contract put in both names
and the simple thing of just putting
two names on the contract to sale like
you said can have pretty huge impacts on
tax
even in the future um you know any
ongoing cash flow depends on i guess the
aims of that property so it's pretty big
yeah
yeah and you've got to i guess
also consider the long-term perspective
as well you know when i was talking
about the husband and wife team um you
know you've got your short-term
strategies but you've also got to
consider long-term as well
so yeah gotta make sure you consider
quite a number of things not as simple
as just buying a property
um in so-and-so's name thinking you can
fix it later because the transfer out
actually costs a lot of money
the only way to avoid transfer duties or
costs of transferring is uh separation
so family court which
don't necessarily want to go down that
path not ideal
so it's the most expensive way to get
out of a property it's pretty much
pretty much
um mate that's awesome i think we might
wrap it up there so um if people want
more information on you and your
business walking hill do you want to um
tell us a bit more about what you guys
do and where we can find you
yeah no worries so walker hill
we deal with small businesses and
high net wealth individuals looking to
get into the property market as well
[Music]
we do our backbone services compliance
and tax but we do a fair bit of advisory
and uh structuring so you know we've got
a couple of clients that uh you know
we've kind of helped with their property
portfolios getting into the company's
trusts and even just looking at
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