Understanding Capital Gains Tax for Rural Residential Properties over 2 Hectares

Rural properties in the mountains of the  Tweed region in Australia to show capital gains tax for more than two hectars

Introduction: Navigating Capital Gains Tax

When it comes to selling your principal place of residence, Capital Gains Tax (CGT) exemptions typically apply. However, if your principal place of residence is a rural residential property spanning over 2 hectares, navigating CGT regulations becomes more intricate. As professional valuers, we recognise the complexity this introduces, yet it also presents an intriguing challenge. For property owners like you, understanding these nuances is crucial. It can significantly impact your CGT liabilities—potentially saving you thousands of dollars.

The Australian Taxation Office (ATO) Guidelines

The Australian Taxation Office (ATO) stipulates that the two-hectare portion chosen by the landowner is exempt from CGT, provided no part of the land is used for income generation. This portion selection is entirely at the discretion of the landowner and need not be contiguous, though it must encompass the land beneath your dwelling. Practically, this means choosing the most valuable two-hectare portion, usually including all major improvements like buildings, sheds, and infrastructure, while leaving the rest as vacant and less valuable land.
(This is the link to the ATO information in this regard).

Valuation Process: Assessing Residual Land Value

A man's hand drawing an outline of a house with an arrow pointing upward and dollar question marks next to it to relate to capital gains.

Valuing the residual land involves assessing the market value of the selected 2-hectare improved land at both the sale and purchase dates. By deducting these assessed values from the respective prices, the residual land value at each date is derived, with the difference constituting the capital gains, assuming an increase in value over time. It is essential to consult with your accountant regarding other elements of the cost base, such as incidental costs or capital expenditures.

Example Scenario: Illustrating CGT Calculations

Let’s consider an example to illustrate this: A rural lifestyle property spanning 3.5 hectares was purchased for $1,175,000 in 2018 and sold for $1,490,000 in 2021.

Current sale price$1,490,000
Assessed current value of selected 2ha portion$1,400,000
Difference = Assessed current value of residual 1.5 ha vacant land portion$90,000
2018 purchase price$1,175,000
Assessed retrospective value of selected 2ha portion$1,100,000
Difference = Assessed current value of residual 1.5 ha vacant land portion$75,000

Accordingly, the capital gains value attributed to the residual land portion is assessed at $90,000 – $75,000 = $15,000.

Moreover, if the property has been held for over 12 months, you qualify for a 50% CGT discount, reducing the taxable gain. In this example, the taxable gain would be $7,500.

Expert Assistance for CGT Valuations

Should you require assistance with a Capital Gains Tax valuation, we’re more than happy to help. Please don’t hesitate to contact us.

Image of Gold Coast and Tweed valuer AJ Smit for expert advice on capital gains tax.
Hand holding compass depicting Gold Coast valuer at Burleigh Beach.

Choosing the Right Property Valuer

Expert insights for the Gold Coast and Tweed regions

If you’re unsure what’s involved or where to head, read on! As a seasoned Gold Coast and Tweed property valuer, I understand the importance of selecting the right professional to meet your valuation needs. Whether you’re experienced in property or quite new to it, choosing from the multitudes presented to you by the likes of Google can be daunting. Allow me to provide some valuable insights to help guide you through this process.

Man's hand holding compass above an inlet in the Gold Coast and Tweed region

Understanding the valuation landscape

Before delving into the specifics of choosing a valuer, knowing some background about the role of valuation in the Australian market is helpful.

The vast majority of private sector valuations cater to the requirements of banks and other financial institutions, that is, for mortgage security purposes. Whether you are buying property, refinancing to another bank, or ‘topping up’ your mortgage to leverage the equity in your property to buy that boat you always dreamed of – if you need to borrow funds then the mortgage security valuation aspect comes into play. Depending on your Loan-to-value ratio, your bank will request a valuation.

The banks typically use what is known as a “panel of valuers”, being valuation firms that have service contracts with banks, and they distribute their valuation requests to such firms. These firms are mostly large national firms. Smaller firms that competed in the mortgage security space have by and large been ‘swallowed up’ by the large firms with consolidation in the market over the last decade or so.

The limitations of large national firms

These large national firms exist first and foremost to service their number one client, namely the banks. As such, whilst they might be able to provide ‘non-bank’ valuation services to you, and may even advertise this as a service, it is not a high priority to them. Furthermore, their valuers are employees who are typically rushing around under pressure to complete large volumes of bank work in very short time frames, and a ‘private job’ is just another job on their log for the day (no offence to them!). So, if you were to call or otherwise contact them, you are most likely to engage with a secretary or assistant who will take your details and pass it on, and so it rolls…

The advantage of trustworthy small firms

In contrast, if you engage with a quality small firm that specialises in non-bank work (such as Gold Coast Valuers) you will be able to engage directly with the person making the decisions, and that will be helping you with your valuation need. And for this valuer, your work is the only priority.

Woman cupping hands over a model of a house on a document laid out on a table next to a calculator

Key considerations when choosing a small firm/valuer

When evaluating your options for choosing a non-bank valuer, consider the following:

  1. Transparency and Credentials: Look for firms that transparently showcase who they are, their qualifications, accreditations, and industry experience. I, AJ Smit, am the principal of Gold Coast Valuers, and I look after the bulk of our work, with ad hoc professional senior valuer help depending on workload. My qualifications include a Master of Business with Property specialisation. I am an Associate of the Australian Property Institute, with Certified Practising Valuer accreditation (AAPI, CPV). I am a Queensland Registered Valuer, as required in this state.
  2. Established Reputation: Consider the firm’s longevity and track record. My firm has been operating since 2008, with a solid reputation built on integrity and professionalism.
  3. Direct Access to Decision-Makers: Ensure that you can communicate directly with the valuer responsible for your assessment. At Gold Coast Valuers, you’ll have direct access to me, the principal valuer, ensuring personalised attention to your needs.

Some key points in this article by CBRE apply whether you choose a small or large firm.

Close-up image of a wave breaking toward a Gold Coast beach

For Gold Coast and Tweed valuations, get in touch with Gold Coast Valuers today!

Choosing the right valuer is a crucial step in your property journey. Trust Gold Coast Valuers, your expert Gold Coast and Tweed property valuer, to provide accurate, reliable valuations tailored to your requirements. Contact us today via phone, email, or web request, and experience the difference of personalised service.

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Sydney Northern Beaches Real Estate

The Two Biggest Mistakes You Can Make in Real Estate – a mini-case study

Rewind to the year 2000.

I had moved to Australia in January 2000 and was working at my electronic banking job in North Sydney, and living on Sydney’s northern beaches. I was pretty clueless about the whole real estate scenario in Australia at the time. But I dearly wanted to buy a home of our own, and very preferably on the northern beaches, as I loved the area.

So I scouted around extensively and found something that I was able to stretch to and could make work financially. It was a new estate being developed by Australand at Warriewood. They were building turnkey house and land packages on small allotments, and selling ‘off the plan’. Construction was underway and moving to frame stage. I got in on the first sale weekend, from memory; property records tell me that I bought in October 2000, for $447,000. It was quite a large double storey brick/tile house with 4 bedrooms plus a study, 2 bathrooms, and a double garage; on a small block of just under 400m2. The house was considerably bigger than what we needed, but hey, we had our first home in Australia! And moved in about 4 or so months later.

Some months later, I needed some money.

I really didn’t know a heck of a lot about local property, but still; I had a pretty strong feeling that our property value had increased nicely. So naturally, I approached my trusty ‘big 4’ bank to request a modest increase on my home loan. Serviceability was in order, so it was just up to the valuation.

Well well, I was very disappointed when I got word back that the bank valuer had called it at $440,000. A little less than what I had paid ‘off the plan’ the previous year (in a rising market, as only became clear to me later).
I weighed up what to do, and decided to speak to a real estate agent. This I did, and I was shocked when he told me that he would be comfortable selling my property at around the $570k mark. This sounded too good to be true, so I said – go for it, if you can do that, then yes sir – please do it. But since I was really not convinced at all, I negotiated not to pay any advertising or marketing costs. My agent was true to his word, and sold the property quite quickly, at $563,000 (July 2001).

That was an excellent result, right?

But here’s the rub. Other houses (highly similar) in the estate sold in mid to late 2003 for around the $900k mark. So the property’s value had doubled in approximately 3 years, and I had missed out on most of this capital growth at the time because I had sold!

The two real estate mistakes I wish I avoided and suggest you always do?

  1. Get an independent, professional opinion of value.
  2. Don’t ever sell.

Not doing these are the biggest real estate mistakes you can make.

Ok, both of these points need some elucidation.

In my scenario, getting a good independent opinion could potentially have made a world of difference. I have no knowledge of the details of the specific valuation. Now, it is true that bank valuations can lean to the conservative side (yes, I now have intimate experience of performing bank valuations) – and fair enough, banks need to control their risk.

But $440,000 versus $563,000??

Seriously, that smells of just plain incompetence.

On receiving the bank’s feedback, I should have employed a good valuer on my side to do a professional, unbiased assessment. And then go back to the bank with the information. I did not actually want to sell at the time, I just needed to draw some funds out of equity. With a proper assessment, I would have been able to rectify things at the bank (or alternatively, gone to another bank), and ended up with the ideal result of borrowing the needed funds and keeping the property.

There are other circumstances where a proper, unbiased assessment can be even more critical. For example, when buying or selling a property. Mainly, when you are not familiar with the market you are buying or selling in; e.g., you live elsewhere. Even if you are a local, it is entirely possible that you could spend a couple of hundred dollars on a professional assessment and save many thousands by not selling too low or paying too much.

Never sell?

Ok sure, there are circumstances where onehas no other choice. At times like these, you just have to sell and move on. But there are many, many instances where property owners sell to realise a profit when they had a choice in doing so.

Hold on to property wherever you can. Leverage your equity if required. It is time in the market that counts. Holding on to property can make you financially independent. I dearly wish I still had the properties I previously owned.

What are your thoughts? Ever made these mistakes and feel my young rookie pain. I would love to hear your opinions.