In March 2021 the Government announced it would be extending Bright-line test for residential property purchased after the 27th of March 2021 from 5 to 10 years. This means any residential property purchased after that date and sold within 10 years will be subject to tax on any capital gain over that period.
New builds which include dwelling which have their Code of Compliance Certificate (CCC) issued after 27 March 2020 and conversions of commercial property, hotels and motels will still be subject to 5 years bright-line test.
The main home exemption still applies however is changed for property captured under the new rules. Under the old rules the exclusion applied as long as the property was used as the owner’s main home for more than 50% of the bright-line period. Under 10 year bright-line rules the exemption will instead only apply for the time the property is used as the owner’s main home. A “Buffer Rule” has also been introduced where the property is not used as the main home for continuous periods not exceeding 365 days, those days are counted as day where the property has been used as a main home, provide the dwelling is used as the main home at the beginning or end (or both) of that period. There is a proposed amendment which would extend this in the case where a person making reasonable effort to construct a dwelling intended for use as their main home. For the main home exemption to apply, at some point, the home must have been lived in. “intention” to live in is not good enough on its own.
Certain transfer to associated entities and changes from tenants in common to joint tenants and vice versa will not reset the bright-line date.
The Government has also made changes to remove a “loophole” for the deductibility of interest on residential properties acquired on or after the 27th of March 2021, this change is being phased in over a period of 5 years with the portion deductible interest decreasing yearly until 2025 after which no interest deduction will be allowed.
- Residential properties acquired on or after 27 March 2021
- No interest deduction from 1 October 2021
- Residential properties acquired before 27 March 2021
- 1 October 2021 to 31 March 2023 75%
- 1 April 2023 to 31 March 2024 50%
- 1 April 2024 to 31 March 2025 25%
- 1 April 2025 on 0%
These changes will not apply to dealers, developers and subdivides, and builders subject to tax under CB7. New builds which are dwelling which have CCC issued after 27 March 2020 will also have an exemption which lasts 20 years from the issue of the CCC.
Interest which has been denied under the Interest Limitation can be added to the cost of the asset should the sale be taxable under the bright-lines rules, reducing any capital gain.
This material has been prepared for informational purpose only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. Please contact us for advice on your specific circumstances.