Tax-Free Assets

Tax-Free Assets

Editor

The Editor is also the Founder of The Passive Investor website. He is a part-time practising General Practitioner (GP) with an interest in all financial and investment-related topics. He is particularly focused on the integrated use of residential property, commercial property and the sharemarket to develop effective financial strategies for wealth accumulation and distribution.

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Investing in a tax-effective way is an essential part of our investment approach, and as such it is worth considering the role of “tax-free” assets as part of your overall investment strategy.

Basically there are three tax-free assets you can use, and this does not include tax-free investment structures such as super funds when in pension mode.

These are:

1. Your Principal place of residence (PPOR)

2. Your own business

3. Your own business premises

Your PPOR is a capital gains tax (CGT)-free asset.

And further, if you move into your PPOR then later move out of it and rent it to a tenant, it can remain a CGT-free asset for up to 6 years after you have moved out from it.

This 6 year period re-starts if you move back into the property within 6 years and then move out again.

The Australian Government also has a number of CGT concessions designed specifically to encourage and support small businesses.

The small business CGT concessions provide the following:

1. The 15-year exemption: this can eliminate a capital gain altogether when the underlying asset being sold has been held for more than 15 years.

2. The 50% active asset reduction: this can reduce the overall capital gain by 50% on assets held for more than 12 months, and can be applied in addition to the general 50% CGT discount concession.

3. The retirement concession: this allows a taxpayer to reduce capital gains by up to $500,000, even when the taxpayer is not physically retiring, if the amount is paid into a complying superannuation fund or a retirement savings account.

4. The rollover concession: this allows a taxpayer to rollover a capital gain into the cost base of a replacement asset acquired within a two-year period.

There are certain conditions that must be satisfied before these concessions are available, including:

1. The net asset value of the taxpayer and its associates must be less than $6 million. Alternatively, the turnover of the taxpayer and its associates must be less than $2 million.

2. The asset being sold must have actively been used in the operations of a business.

3. If the asset being sold is a share in a company or a unit in a unit trust, the taxpayer must own at least 20% of the company or trust, in which case the taxpayer is referred to as a CGT concession stakeholder.

The small business CGT concessions are detailed in the ATO website:

CGT concessions for small business – overview

These concessions also apply to business premises owned and used in the business.

So after utilising all of the above concessions the sale of a business and its premises can effectively be CGT-free, just like your PPOR.

Hence owning a PPOR, your own business and business premises makes a lot of financial sense.

And any investment strategy should always consider being “tilted” towards having these three assets as a solid foundation for generating future wealth.

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