Do I have to pay capital gains tax on land, even if I haven't subdivided it?

Do I have to pay capital gains tax on land, even if I haven't subdivided it?
Margaret LomasApril 16, 2021

We have just sold our family home of thirteen years and have been told we have to pay capital gains tax on three acres of the eight the house was built on.

Is this true and if so how do they estimate the amount we owe?

We originally bought the land with a view to subdividing at a later date but because it is now included in the green wedge overlay we cant do this.

Land can only be subdivided to twenty acre blocks surely that makes our three acres worthless as we can't sell them.

We are about to retire and the thought of having to pay this tax is quite alarming.

 

Thanks,

Pat

Dear Pat,

This is a little known fact about acreages and one that people can often be inadvertently caught by. 

If you own a property which is more than five acres, then any part of the land more than the five acres is subject to capital gains tax and cannot attract a Principal Place of Residence exemption. 

I’m guessing this is to prevent people from buying a larger, broad-acre lot, living on it and then trying to profit from DA approvals which can increase the value significantly while they avoid the tax they would otherwise pay if it were a pure investment. 

The only way to get out of this is to conduct a business on the property (such as a farm).  

In your case you did buy with a view to subdividing, so I guess it’s fair enough that it was more than just a PPOR for you and you bought it as an investment.  

You might feel that as it has not turned out and you cannot make the profits you had planned that you should not have to pay the CG. But, that’s like saying that if you bought a parcel of shares expecting them to double and they only went up by 10%, you shouldn’t have to pay any tax on the smaller gain!  

One of the things about the acreage is that usually the five acres upon which the house sits is usually far more valuable than undeveloped portion and when you sell you don’t have to necessarily apportion the value equally across the eight acres.

This is because you can choose which five acres is exempt, as long as you include the land on which the dwelling is built in the portion you claim the exemption on. 

This means you can have a valuation done showing the value of the land holding the house and the value of the residual, unused three acres, and it’s likely that the unused amount will have a proportionately lesser value. 

From this, you apportion the percentage that the three acres represents of the entire value, and work backward – this is the percentage of the original purchase price which becomes your cost base for working out the value upon which you must now pay CGT.  

Remember as you have held it for more than 12 months you qualify for the 50% discount and so it may well work out that the CGT burden is not as large as it may first appear.

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Margaret Lomas

Margaret Lomas is a best-selling author and writes and hosts the popular Property Success With Margaret Lomas and Your Money, Your Call, both on Sky News. She is the founder of Destiny.

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