Cost Base Calculation

James Murphy Tax

A married couple purchased a house in Carlton for $481,750 (incl. stamp duty)

On 10/8/2000, this house was their PPR until 10/8/ 2010. At that time, they sold a 65% share of the Carlton property to their son and his partner for $550,000.

The married couple purchased another property that became their new PPR, which they are still living in. I presume there are no capital gains on the 65% sale transaction.

The son and partner then made this property their PPR.

In November 2020, the Carlton property was sold for $2,388,000 and the agents/legal

Fees were $34,006, making the net sale $2,353,994.

As the married couple only owned 35% of their net proceeds would be $823,988

The married couple spent $145,751 on capital improvements, two-storey extensions etc.

The son and partner paid $53,625 stamp duty on 65% of the market value of the property as at 10/8/20.

According to the council rates and the stamp duty calculator, the market value for the property at the date of sale (10/8/20) was valued at $1,500,000.

What is the cost base for the married couple who owned 35% at the date of sale? (10/8/20)

Answer

The preferred cost base for the married couple is:

Market value at 10.8.2010 35% of $1,500,000                                                      $525,000

The capital improvements are not included because this has already been considered in determining market value.

The total of 35% of the purchase cost…$168,612 plus 35% of the capital improvements being $51,013 gives a cost base of $219,625.  

Far better to go with market value.

This assumes there is reliable, objective and independent evidence of the market value being $1.5 million at 10.8.2010.    

As the parties to the transaction were associated, OSR Victoria likely determined the market value for stamp duty purposes at 10.8.2010, which should be sufficient evidence.