Property transactions can be complex and require an understanding of the implications of federal and state taxes. We can assist clients with property investments on all matters including:

Structures for property transactions and investments

• Unit or discretionary trusts and companies for holding or developing property;
• Joint ventures and JV agreements;
• Common law and tax partnerships;
• Tax planning for developers and investors;
• Characterising property transactions – income or capital;
• Accessing CGT discounts and concessions.

GST on property transactions

• Sale of going concerns and adjustments for change in use;
• Commercial residential, mixed use and residential property;
• New residential property and refurbishments;
• Developer contributions;
• Crown land and farming land;
• Supplies under the margin scheme;
• GST-free leases under the transitional provisions;
• Sale of land – standard or by instalment;
• Adjustments on settlement - services or selling price?

Stamp duty and land tax

• Planning to minimise stamp duty and land tax liability;
• Ruling applications;
• Objections and appeals;
• Accessing concessions and exemptions.

Overseas property investors

Overseas investors face their own unique tax issues - they may become liable for income tax, capital gains tax, Goods and Services Tax, stamp duty and land tax - and certain overseas investors and temporary residents of Australia may have to apply for consent of the Foreign Investment Review Board to acquire certain types of land and buildings and could be subject to various restrictions which may require disposal of the property in certain circumstances.

Our services

Contact Enslin and Associates for advice and assistance with:

• Stamp duty and Goods and Services Tax on the acquisition of real property (land and/or buildings) in Australia;
• Planning and structuring property transactions to reduce future income tax and capital gains liabilities;
• The tax implications of different entities acquiring real estate in Australia (for instance, individuals, trusts, companies);
• Structuring acquisitions of land and buildings;
• Advice on FIRB approval for investments;
• Planning for development of property.

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