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Published on 03 Jun 2004 | Took place at Peppers Fairmont Resort, Leura, NSW

The property market is a source of significant gains for investors and developers. Where there are significant gains, there are significant tax issues.

Every year the property market seems to grow and the range of tax issues we need to consider seems to grow with it.

Choosing the right structure, knowing how the get the CGT concession, maximising your deductions, all can help address the tax issues we face.

The Convention for 2004 brought together the premier advisors and speakers to provide a unique opportunity to comprehensively address the tax issues (and opportunities!) associated with property development and investment.

Get a 20% discount when you buy all the items from this event.

Individual sessions

Income Tax Treatment of Property Development and Investment

Author(s):  John BRAZZALE This paper presents case studies focussing on income tax aspects of property development and investment activity. Specific issues addressed include:
- optimal structures for development and investment
- financing considerations - debt v equity, timing of debt deductions
- income derivation issues
- exit issue.

This paper was also presented on 3 June 2004 by Carlo Moretti at the NSW State Convention held in Leura.

Materials from this session:

Tax Issues in Property Development

Author(s):  Lachlan R WOLFERS Property Development has re-emerged as a significant commercial activity throughout Australia in recent years. The tax issues associated with this area are often challenging and require a good understanding of the interaction between ordinary income tax, CGT, GST and stamp duty.

Case studies in this seminar paper will deal with the following issues:
- subdividing and selling off part of a main residence (ie fulfilling the new Australian dream of converting the 1/4 acre block into quick cash)
- tax issues in demolishing a house and constructing new townhouses (becoming a one-off developer)
- speculative property development tax issues.

This is a slightly updated version of papers presented on 11 March 2004 at the 38th South Australian State Convention held at Sunset Cove and on 2 April 2004 at the 18th National Convention held in Melbourne.

This paper was also presented by Phil Renshaw and Todd Jones at the Tax Keys to Property seminar held in Perth on 24 September 2004.

Materials from this session:

CGT exemptions, rollovers and special rules convention paper

Author(s):  Gordon S COOPER This paper explores the exemptions, rollovers and special rules that can apply when a capital gain is made. It covers issues such as:
- maximising access to the main residence exemption
- using pre-CGT status
- accessing the discount and small business concessions
- special rules for subdivisions and strata titles.

Materials from this session:

The lifecycle of a property unit trust

Author(s):  Joe GALEA This paper demonstrates the tax benefits and issues that arise when a unit trust is used as the vehicle for property investment. It considers:
- the use of a unit trust and not a company or other vehicle
- the tax points for unitholders and trustees
- several specific income tax issues arising from the use of a unit trust
- income tax issues when financing the unit trust
- GST issues - when GST is payable and credits arise
- other indirect tax issues - land tax and stamp duty.

Materials from this session:

Harnessing the benefits of your SMSF

Author(s):  Lisa CHAMBERS SMSFs are one of the most concessionally taxed vehicles, but they are subject to detailed rules through the SIS provisions. Can you use your SMSF to invest in property? This paper will tell you how, including:
- holding your business premises in your SMSF
- participating in a property development
- leasing property to associates
- buying property from associates
- jointly owning property.

Materials from this session:

Investing in property

Author(s):  Jo-anne HOTSTON

Not everyone wants to develop property. Property investors riding the cycles of the property market can make significant profits, but also have some significant tax issues. This paper looks at:

  • depreciable asset or structural improvement - where to draw the line?
  • what structure should be used to buy rental properties?
  • repairs, initial repairs and improvements
  • when is a property available for rent?
  • what structure should your business premises be purchased in?

This paper was also presented by Andrew Smith at the 'Making Property Investment Work' seminar held in Perth on 24 February 2005.

Materials from this session:

State tax traps in property investments

Author(s):  Monojit RAY The NSW government recently introduced vendor duty and changes to the land tax regime. This paper looks at the potential impact of these and other State taxes on investing in property directly or through investment vehicles. It looks at:
- the structural issues
- issues with property trusts
- investing through companies
- the stamp duty and land tax changes in the NSW mini budget
- how the taxes can affect the parties that are involved in common real property based investment structures.

Materials from this session:

Lifecycle of a property development joint venture

Author(s):  Greg TRAVERS This paper uses a detailed worked example to demonstrate the benefits and issues that exist when a joint venture arrangement is used as the vehicle for undertaking a property development. The paper covers:
- why use a joint venture and not a partnership?
- where do the GST obligations sit?
- when will stamp duty will be triggered?
- issues when financing the JV
- the taxing points for the JV participants
- can a JV increase access to CGT concessions?

Materials from this session: