Am I subject to CGT if purchasing 2 properties per year?

Chester Rooney asks:
(updated on Tuesday, May 20th 2008)

Re: Section CB 14 of the Income Tax Act 2004
The way I understand this Section is that it's essentially excusing everyone from paying CGT on the property they reside in, except if one has "engaged in a regular pattern" of buying and selling the property they reside in.
So my question is, how often can one legitimately buy and sell the property they reside in before they have "engaged in a regular pattern" and therefore subject to income tax (aka CGT)?
Is it one or two or more properties a year?

Our Experts Answer:

Your understanding of the legislation is correct. The $64000 question though is what constitutes 'regular'? In order to answer that question, you would need to consider what's reasonable. Statistics tell us that the average length of time someone owns a home is seven years. By definition, being an average means that there are people who own their home less than seven years, and those that own it more than seven years. On that basis, it would be reasonable to assume that 'one or two properties a year' would be considered a regular pattern and therefore subject to income tax on any capital gains made. It could even be considered that someone who bought and sold their home every three years could be considered a regular pattern as well, especially if they were doing a lot of work to the property to increase its value. Whatever you do, make sure your intention in relation to the property is well documented at the time of purchase.

Kenina Court is a director of Acorn Solutions Limited, an accounting firm dedicated to working with clients to help them create wealth. She is an avid property investor, entrepreneur and seminar presenter on asset protection and wealth strategies.



 





Most Read

Unity First Home Buyer special 3.99
ICBC 4.25
SBS FirstHome Combo 4.29
Co-operative Bank - First Home Special 4.35
TSB Special 4.39
Co-operative Bank - Owner Occ 4.45
ASB Bank 4.49
SBS Bank Special 4.49
Unity Special 4.49
Westpac Special 4.49
Kiwibank Special 4.49
Westpac Special 4.45
SBS Bank Special 4.49
BNZ - Std 4.49
Kiwibank Special 4.49
TSB Special 4.49
AIA - Go Home Loans 4.49
ASB Bank 4.49
Co-operative Bank - Owner Occ 4.49
ICBC 4.59
Wairarapa Building Society 4.59
Unity Special 4.65
SBS Bank Special 4.99
Westpac Special 4.99
ICBC 4.99
BNZ - Std 4.99
AIA - Go Home Loans 5.15
ASB Bank 5.15
Co-operative Bank - Owner Occ 5.19
ANZ 5.39
TSB Special 5.39
Kiwibank Special 5.39
Kainga Ora 5.49
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 4.25
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
Heartland Bank - Online 5.30
ICBC 5.39
Kiwibank - Offset 5.65
Kiwibank 5.65
ANZ 5.69