WATCH: How to Sell Your Property Without Losing Sleep (or Profit) | Not Another Property Podcast Ep. 5

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Selling a property can feel like a win, until the tax bill, timing mistakes, and fine print catch up with you.

In this episode of Not Another Property Podcast, the Titlespace team and guest experts break down what every Australian seller in Sydney, Brisbane, and Melbourne needs to know before listing. From capital gains tax traps and EOFY timing tactics to lending constraints, strata surprises, and legal obligations that most vendors overlook, we unpack how to sell smart and keep more of what’s yours.

You’ll learn why the date you sign matters more than the date you settle, how to avoid fixed-rate break costs, and when to leverage downsizer super contributions to minimise tax. Whether you’re an investor exiting the market, a homeowner looking to upgrade, or simply planning ahead, this episode gives you the unfiltered truth on selling property-without losing sleep or profit.

0:00 Intro & episode overview
0:57 Capital gains tax 101: what sellers need to know
2:14 Record keeping & cost base tips
3:40 The 6-year rule & why valuations matter
5:45 When to sell: timing, income, and retirement
8:38 Downsizer and superannuation opportunities
9:38 Selling with a mortgage & negative equity risks
11:00 Lending after 50: exit strategies & approvals
12:31 Legal pitfalls: contract dates & CGT timing
13:12 New ATO clearance certificate requirements
14:48 EOFY selling strategies & 1 July advantage
15:47 Strata levies, cladding, and sinking fund traps
17:51 Rising interest rates & forced sales
18:31 Wrap-up & key takeaways
📄 Read the Transcript

[00:00:11,040 → 00:00:11,280] All right.

[00:00:11,280 → 00:00:11,960] Welcome back everybody.

[00:00:11,960 → 00:00:12,800] In this episode we’re talking all things selling property without losing sleep with me.

[00:00:17,160 → 00:00:18,720] I’ve got my property power team.

[00:00:18,720 → 00:00:22,020] Before we get into any content, though, I want to remind you that this podcast is only general in nature.

[00:00:24,120 → 00:00:29,100] It does not constitute any financial, legal or tax advice or otherwise.

[00:00:29,300 → 00:00:33,320] It is strongly recommended that you seek personalized and professional advice before you go acting on anything that is specific to your situation.

[00:00:37,920 → 00:00:42,440] I’m joined by Michael O’Malley, mortgage manager from Rate Sydney CBD.

[00:00:42,780 → 00:00:46,640] Andrew Chan, strategic financial planner from Phoenix Private Wealth Management.

[00:00:46,880 → 00:00:50,040] George Koletti, principal accountant from Access Professionals

[00:00:50,300 → 00:00:55,940] Daniella Muzitano, executive and founder of Titlespace Conveyancing and myself

[00:00:55,940 → 00:00:59,540] Gianni Musumeci, investment property advisor from Leverage Property Advisors.

[00:00:59,820 → 00:01:02,820] I want to kick off with you. Sorry, George.

[00:01:03,000 → 00:01:08,780] The biggest item when it comes to selling, especially investment property, is capital gains tax considerations.

[00:01:08,840 → 00:01:13,440] How can people avoid or at least reduce legally, capital gains tax?

[00:01:14,520 → 00:01:16,400] I think we sort of covered this in another episode.

[00:01:16,400 → 00:01:19,400] The most important thing is keeping your records.

[00:01:19,500 → 00:01:23,060] Having the, accurate figures of what it actually cost you to buy

[00:01:23,340 → 00:01:27,960] and all transaction costs in relation to that, even interest costs

[00:01:27,960 → 00:01:30,200] and holding costs, if there was a period of time

[00:01:30,200 → 00:01:33,960] where it wasn’t being used, can add to the cost base.

[00:01:33,960 → 00:01:37,680] So you’ve got to be very mindful that, circumstances change.

[00:01:37,680 → 00:01:39,960] Was it periods of time? It was a principal residence.

[00:01:39,960 → 00:01:41,940] Was it a pricipal residence to start with?

[00:01:41,940 → 00:01:43,700] At what point in time you selling it?

[00:01:43,700 → 00:01:52,760] Is the next one that you’re buying, sorry that you’re living in, or had purchased going to be a less of a capital gain if we use principal residence exemption.

[00:01:53,040 → 00:01:55,140] There so many different circumstances.

[00:01:55,140 → 00:01:59,460] But the key is to, to ensure that you’ve actually got really great record keeping.

[00:01:59,940 → 00:02:00,380] Yeah. Okay.

[00:02:00,380 → 00:02:04,220] So that’s important, especially when it comes to reporting and, and

[00:02:04,220 → 00:02:04,920] and whatnot.

[00:02:04,920 → 00:02:08,580] Because that will calculate your capital gains tax essentially.

[00:02:08,580 → 00:02:11,740] And there’s a few different circumstances involved there as well.

[00:02:11,740 → 00:02:18,400] But it may be coming back to a financial planning perspective. If I’m considering selling down the track, how can I prepare for something

[00:02:18,400 → 00:02:19,160] like that? Andrew.

[00:02:19,160 → 00:02:22,680] Yeah, like, oh, you know, working with George it, it’s important.

[00:02:22,940 → 00:02:26,560] Part of the record keeping is, well, if you for example,

[00:02:27,340 → 00:02:28,920] we were talking about tax concessions.

[00:02:28,920 → 00:02:31,740] So the assumption is that they, they have some.

[00:02:31,740 → 00:02:39,920] So they they’re living in the property at the time and they move out.

[00:02:39,920 → 00:02:42,920] And so you had the CGT exemption on principal as a residence.

[00:02:42,920 → 00:02:43,280] Right.

[00:02:43,280 → 00:02:47,100] And you can also move back in and you can also refresh that.

[00:02:47,100 → 00:02:47,400] Right.

[00:02:47,400 → 00:02:51,920] So but the minute you let it tick over that six years,

[00:02:52,440 → 00:02:56,220] then it be at that point what you should do is get a valuation.

[00:02:56,940 → 00:03:00,380] Because you can prove at that point in time that that’s the valuation in time.

[00:03:00,480 → 00:03:05,040] If you don’t, then you expose yourself to living to the tax office

[00:03:05,400 → 00:03:06,980] to come up with a valuation.

[00:03:06,980 → 00:03:10,920] And that valuation might be estimated prior to that date,

[00:03:10,920 → 00:03:15,200] but that prior date might be 30%, more

[00:03:15,200 → 00:03:19,160] or less of a cost basis, which increases your tax, your capital gains.

[00:03:19,440 → 00:03:22,520] And so just be wise in those situations.

[00:03:23,420 → 00:03:25,840] And and tying back to in,

[00:03:25,840 → 00:03:28,940] in relation to record keeping is if you,

[00:03:29,340 → 00:03:34,220] if you do want to keep your property, then at some point

[00:03:34,220 → 00:03:37,740] we might find that we might never sell that property in our lifetime.

[00:03:37,800 → 00:03:41,100] So then then even though you keep those records,

[00:03:41,100 → 00:03:45,000] just make sure you, you those records might become obsolete.

[00:03:45,000 → 00:03:45,840] But don’t assume that.

[00:03:45,840 → 00:03:49,500] So just keep them all the way to the point of your estate.

[00:03:49,640 → 00:03:50,840] Because if it passes to that,

[00:03:50,840 → 00:03:53,840] to that point in the state, then it can be dealt with then.

[00:03:54,080 → 00:03:58,980] But but in a nutshell, it’s all about if it was an investment property,

[00:03:59,240 → 00:04:03,140] then it’s just simply, as George says, anything that, you know,

[00:04:03,140 → 00:04:07,340] any capital costs that you attribute to nothing, that’s deductible.

[00:04:07,620 → 00:04:11,240] You know, people sometimes confuse the two and they want to check everything in,

[00:04:11,420 → 00:04:13,080] make sure you didn’t have you.

[00:04:13,080 → 00:04:17,380] You can make sure that any improvements, renovations or those sorts of things,

[00:04:17,380 → 00:04:18,660] you know, they’re great.

[00:04:18,660 → 00:04:21,660] But yeah, you’re also stripping out your depreciation as well.

[00:04:21,800 → 00:04:22,000] Yeah.

[00:04:22,000 → 00:04:25,560] I think moving back to goals based advice, like once the property

[00:04:25,560 → 00:04:29,180] has achieved that goal, whether it be a capital value more than likely

[00:04:29,180 → 00:04:33,140] is going to be a capital value because you’re selling it you are then

[00:04:33,140 → 00:04:36,720] considering timing your exit as well and the costs associated with that.

[00:04:37,160 → 00:04:37,460] Yeah.

[00:04:37,460 → 00:04:41,460] So there’s this costs in terms of agents fees.

[00:04:41,460 → 00:04:43,380] So you know often

[00:04:44,480 → 00:04:45,800] in financial planning we use

[00:04:45,800 → 00:04:48,800] property to accelerate wealth creation and accumulation.

[00:04:49,740 → 00:04:51,080] Because it just makes sense. It’s just easy.

[00:04:51,080 → 00:04:52,560] You don’t have to think about too much.

[00:04:52,560 → 00:04:55,620] And you’re diversifying between asset classes

[00:04:55,880 → 00:04:57,020] once you’ve purchased your property.

[00:04:57,020 → 00:05:00,720] But the reality is is that after they’ve they’re done what they need to to do,

[00:05:01,080 → 00:05:04,280] the properties tend to be older and, bit more worn.

[00:05:04,460 → 00:05:07,500] And so there’s a bit more work that needs to go in to maintain that.

[00:05:07,500 → 00:05:10,100] And when you move to a different stage in your life where you’re

[00:05:10,100 → 00:05:12,600] now drawing down income, you don’t have sufficient

[00:05:12,600 → 00:05:15,180] properties in your portfolio to use you just rental income.

[00:05:15,180 → 00:05:16,100] You can just sit on it.

[00:05:16,100 → 00:05:17,400] You might find as you’re older,

[00:05:17,400 → 00:05:19,200] you don’t want to deal with the complexities of that.

[00:05:19,200 → 00:05:21,120] So you start to sell down property.

[00:05:21,120 → 00:05:24,560] And so you know what you’re saying to George is to say what helps

[00:05:24,560 → 00:05:28,100] you sell down property is wait till you’re not working anymore.

[00:05:28,280 → 00:05:30,500] You know, it sounds really simple, but, like,

[00:05:30,500 → 00:05:33,500] if you’re you’re earning 200 grand of 300 grand a year,

[00:05:33,640 → 00:05:38,220] and then and then you’re paying tax at, you know, 46.5 cents in the dollar.

[00:05:38,240 → 00:05:41,600] It’s very different when you just pay that back and then you can start again.

[00:05:41,600 → 00:05:45,860] You can so and so now in terms of when we’re strategizing on when to do

[00:05:45,860 → 00:05:48,860] these sorts of sales and divesting, it can make sense.

[00:05:48,940 → 00:05:52,800] And we had a conversation earlier about whether we buy joint

[00:05:52,800 → 00:05:54,080] tenants or tenants in common.

[00:05:54,080 → 00:05:57,960] Then you can sometimes get around, if one partner retires earlier,

[00:05:57,980 → 00:06:00,140] that they can sell their their portion to someone else.

[00:06:00,140 → 00:06:04,380] If there’s someone else who’s taking over the property that is within their circle.

[00:06:04,380 → 00:06:04,640] Right.

[00:06:04,640 → 00:06:10,260] And so, in on in that basis, you know, when you’re selling property,

[00:06:10,260 → 00:06:14,120] there’s, there’s not only the tax element, but there’s also what you’re going to do

[00:06:14,120 → 00:06:14,840] with the money.

[00:06:14,840 → 00:06:18,060] You might there’s another example when you’re selling property

[00:06:18,240 → 00:06:22,520] that for financial planning, probably not appropriate but I’ll raise it is

[00:06:23,060 → 00:06:27,140] now people don’t underst don’t unaware of is that you can make downsides

[00:06:27,140 → 00:06:31,280] of contributions to your super fun you know so you know you’re over 50

[00:06:31,600 → 00:06:34,380] and you’re fully retired or, you know, when he retired that

[00:06:34,380 → 00:06:37,380] you’re over 50 and you’ve lived in a home for more than ten years.

[00:06:37,700 → 00:06:39,920] And it’s your principal place of residence.

[00:06:39,920 → 00:06:43,040] You can put $300,000 into your super fund.

[00:06:43,040 → 00:06:46,920] So example of, the family home is, is,

[00:06:48,100 → 00:06:48,560] there

[00:06:48,560 → 00:06:52,080] is own joint tenant, so you can have the husband

[00:06:52,160 → 00:06:55,520] and the wife So, you know, often when we buy property,

[00:06:56,040 → 00:06:59,820] I say think about not only you pay off the asset,

[00:06:59,960 → 00:07:02,940] but you also think about how much you need to live in retirement.

[00:07:02,940 → 00:07:06,840] So sometimes we we we the properties

[00:07:06,840 → 00:07:10,800] in Australia are so expensive, it just takes up so much resources.

[00:07:11,100 → 00:07:15,800] And then in the end you were often very asset rich and cash poor.

[00:07:15,800 → 00:07:20,220] So it’s to say, okay, this is a vehicle which we can drive our wealth,

[00:07:20,220 → 00:07:25,460] then we can have a larger asset value to drive that wealth through gearing.

[00:07:25,640 → 00:07:30,080] And then when it’s time, then we downsize to a smaller property,

[00:07:30,240 → 00:07:33,620] get the finance, or if we want to do, if you have no dependents,

[00:07:33,620 → 00:07:35,540] you can have finance if you have dependents.

[00:07:35,540 → 00:07:39,380] Well, you know, we, I do have clients that that they named

[00:07:39,560 → 00:07:42,620] their fund the ski fund, you know, spend the kids inheritance fund.

[00:07:42,860 → 00:07:45,020] But but but really, you know, you know, what?

[00:07:45,020 → 00:07:49,020] We what we have is a situation where you can unlock that equity

[00:07:49,280 → 00:07:49,860] and then

[00:07:49,860 → 00:07:53,900] and then then spread all your assets again, we can and support

[00:07:53,900 → 00:07:55,160] and also live in a home and,

[00:07:55,160 → 00:07:58,380] and put money to more efficient tax structures like superannuation

[00:07:58,580 → 00:07:59,700] to fund that retirement.

[00:07:59,700 → 00:08:02,480] And so it really gives them options.

[00:08:02,480 → 00:08:07,280] Tax is that is a secondary consideration is what I’m saying.

[00:08:07,500 → 00:08:10,520] And the fact that the asset and what it would do and it’s a quality

[00:08:10,520 → 00:08:13,320] asset the whole period of time, that’s where the focus should be.

[00:08:13,320 → 00:08:14,880] I’m finding that a lot of particularly people

[00:08:14,880 → 00:08:17,420] that get to retirement and they spend a lot of time,

[00:08:17,420 → 00:08:19,280] like I said, property is a very expensive house.

[00:08:19,280 → 00:08:20,480] They get to retirement.

[00:08:20,480 → 00:08:23,300] They’ve worked hard to pay off the debt by retirement,

[00:08:23,300 → 00:08:26,300] and then all of a sudden then they consider their retirement.

[00:08:26,360 → 00:08:29,360] So I’ve got no superannuation because I’ve put it all into my home

[00:08:29,420 → 00:08:32,880] and they have to either downsize or do a reverse mortgage.

[00:08:33,680 → 00:08:37,780] So yeah, it can be a very difficult, thing to consider as well.

[00:08:38,000 → 00:08:41,020] Your finances and with when it comes to that,

[00:08:41,020 → 00:08:44,960] I wanted to step back a little bit and talk about it from a lending perspective.

[00:08:44,960 → 00:08:47,120] Now, a lot of people might not think about this is they just thought,

[00:08:47,120 → 00:08:50,640] think, oh, yeah, I’ll pay off the debt when I, when, when I saw my home.

[00:08:50,640 → 00:08:53,520] But how do you consider lending when you’re selling

[00:08:53,520 → 00:08:56,460] and what are the implications of selling still under debt.

[00:08:56,460 → 00:08:56,820] Yeah.

[00:08:56,820 → 00:09:06,400] Look, selling a property with a mortgage is a very normal situation. That’s not uncommon at all. But the one inescapable law is that when you sell, the bank gets paid first.

[00:09:06,840 → 00:09:10,280] So if you sell and there’s excess funds, you get to keep that button,

[00:09:10,660 → 00:09:11,640] you know, property.

[00:09:11,640 → 00:09:14,480] We live in an environment where we are a bit accustomed to property

[00:09:14,480 → 00:09:17,280] constantly on an upward track, but the gray hairs around the table

[00:09:17,280 → 00:09:20,280] can remember a time when that wasn’t necessarily true.

[00:09:20,300 → 00:09:22,740] And, and property values can fall.

[00:09:22,740 → 00:09:27,000] And if you in that situation, if you, if you’re selling in a falling market

[00:09:27,000 → 00:09:30,660] or if your your sales price is low, you can end up with negative equity.

[00:09:30,740 → 00:09:33,780] And the problem with that is that you’ve got to make up

[00:09:33,780 → 00:09:37,320] that shortfall between the the net sales proceeds and the lending.

[00:09:37,320 → 00:09:40,080] So you’ll end up having to pay that back to the bank.

[00:09:40,080 → 00:09:43,080] The other consideration is from a borrowing perspective,

[00:09:43,260 → 00:09:44,580] it doesn’t really make sense.

[00:09:44,580 → 00:09:48,180] You know, we’re in an environment where we’ve seen recently, thankfully

[00:09:48,480 → 00:09:51,000] mortgage interest rates coming down.

[00:09:51,000 → 00:09:54,320] And so fixing your loan at the moment in a falling interest rate environment

[00:09:54,320 → 00:09:55,820] doesn’t really make sense.

[00:09:55,820 → 00:09:58,400] But there are plenty of legacy fixed loans out there.

[00:09:58,400 → 00:10:02,420] And if you break a fixed loan, they can be quite substantial fixed rate break costs

[00:10:02,820 → 00:10:04,580] and you want to take those

[00:10:04,580 → 00:10:06,560] into consideration before you pull the trigger and make that decision to.

[00:10:06,560 → 00:10:09,400] Sell at a higher level. What I like, typically it’s you.

[00:10:09,400 → 00:10:10,920] You’re gonna have to pay the remainder of the interest

[00:10:10,920 → 00:10:12,440] plus a fee or something like that.

[00:10:12,440 → 00:10:15,540] It’s it’s a bit of a complex calculation and you can never really guess what

[00:10:15,540 → 00:10:16,520] the numbers going to be.

[00:10:16,520 → 00:10:18,800] You go to the lender and they’ll tell you what it is.

[00:10:18,800 → 00:10:21,000] But I mean, it relates to the funding cost.

[00:10:21,000 → 00:10:26,060] Banks have funded your mortgage at a certain cost at a certain point in time.

[00:10:26,460 → 00:10:31,460] And if the if the penalized by that, then the break cost can be pretty substantial.

[00:10:31,620 → 00:10:32,700] Yeah. Fairly significant.

[00:10:32,700 → 00:10:33,240] I think it’s.

[00:10:33,240 → 00:10:37,520] Important to note from, from a market’s persoective to the age of the person

[00:10:37,520 → 00:10:38,760] is really, really important

[00:10:38,760 → 00:10:42,800] because I’m not I’m not a I’m saying from our perspective,

[00:10:43,940 → 00:10:45,480] when you get to a certain age,

[00:10:45,480 → 00:10:47,280] you need to be actually talking to your broker

[00:10:47,280 → 00:10:49,160] probably first before you get hitting the trigger,

[00:10:49,160 → 00:10:52,560] because your next borrowing might not be approved,

[00:10:52,560 → 00:10:56,600] because you’re at an age where the banks and funders are saying, hang on a second,

[00:10:56,600 → 00:10:59,100] what’s your exit strategy to actually have that?

[00:10:59,100 → 00:11:00,920] Mike you may want to talk about that that’s that.

[00:11:00,920 → 00:11:04,800] Oh yeah, I’m in for for virtually every every lender that I deal with.

[00:11:04,800 → 00:11:06,620] If the applicant is over 50 years old,

[00:11:06,620 → 00:11:09,680] we need to provide a written exit strategy that looks in detail.

[00:11:09,780 → 00:11:11,280] Yeah. At what they go to do.

[00:11:11,280 → 00:11:13,860] And it’ll consider things like what’s your asset profile,

[00:11:13,860 → 00:11:15,260] what are your savings like?

[00:11:15,260 → 00:11:17,940] Do you have other property that you can sell those sorts of things.

[00:11:17,940 → 00:11:21,080] And we need to really sort of drill into and rationalize

[00:11:21,080 → 00:11:23,880] what what the exit strategy looks like. And it has to make sense.

[00:11:23,880 → 00:11:26,400] You know, I’ve had to write a couple. Yeah. Yeah. That’s right.

[00:11:26,400 → 00:11:27,000] So the only.

[00:11:27,000 → 00:11:30,360] On the book because funnily enough, banks want their money back.

[00:11:30,860 → 00:11:31,280] Yeah.

[00:11:32,520 → 00:11:33,440] Strangely enough.

[00:11:33,440 → 00:11:35,540] Yeah.

[00:11:35,540 → 00:11:38,480] People might not think of this, but what are some of the legal considerations

[00:11:38,480 → 00:11:41,480] that people need to understand when it comes to selling their property?

[00:11:42,720 → 00:11:45,320] If they haven’t spoken to the accountant first

[00:11:45,320 → 00:11:49,800] it’s capital gains tax because that is calculated

[00:11:49,800 → 00:11:53,460] from the date that the contract is signed not the date that it settles.

[00:11:53,720 → 00:11:58,520] So you might have signed a contract in March with the settlement

[00:11:59,000 → 00:12:03,280] in July, whatever a long settlement capital gains is from the date of sale.

[00:12:03,280 → 00:12:03,540] Yeah.

[00:12:03,540 → 00:12:07,940] So that is something especially at this time of the year, we see a lot of clients.

[00:12:07,940 → 00:12:12,540] I prepare the contract by not signing it until 1st of July.

[00:12:12,540 → 00:12:17,480] So we’re sitting there hanging in there waiting for that 1st of July to kick in.

[00:12:17,480 → 00:12:20,700] But that means they’ve they’ve got the advice beforehand

[00:12:20,700 → 00:12:23,840] and we don’t really need to, to, to provide it ourselves.

[00:12:23,840 → 00:12:24,080] Yeah.

[00:12:24,080 → 00:12:28,040] That’s why when a client tells me, I’m selling my investment property

[00:12:28,040 → 00:12:32,120] and it’s around, you know, April, May, I’m like, okay,

[00:12:33,380 → 00:12:35,120] are you aware of these?

[00:12:35,120 → 00:12:38,300] Do you know when we keep it within this financial year?

[00:12:38,320 → 00:12:42,780] Are we, you know, holding onto, you know, 1st of July onwards.

[00:12:43,020 → 00:12:46,700] So and Daniella’s job is harder from that perspective to more recently

[00:12:46,700 → 00:12:47,840] because now you need

[00:12:47,840 → 00:12:51,600] clearance from the ATO in order for her not to withhold the portion

[00:12:51,600 → 00:12:52,380] for capital gains.

[00:12:52,380 → 00:12:54,320] And from 1st July. Exactly.

[00:12:54,320 → 00:12:57,320] So it used to be up to $750k.

[00:12:57,380 → 00:13:01,800] Now every single vendor needs to apply for the clearance certificate

[00:13:01,800 → 00:13:04,640] to prove that they are Australians and not foreigners. Yeah.

[00:13:04,640 → 00:13:06,720] And then that way they have money left over

[00:13:06,720 → 00:13:09,200] so that the government can get their, cut as well. There you go.

[00:13:09,200 → 00:13:12,240] Yeah, I see a lot of people, especially this time of year.

[00:13:12,620 → 00:13:15,960] At the moment, we’re in June and a lot of sales agents will be,

[00:13:16,200 → 00:13:18,140] yes, the property is on the market.

[00:13:18,140 → 00:13:20,400] However, we’re not signing the contract until one July.

[00:13:20,400 → 00:13:24,380] I find that case is a lot, and that’s to Andrew and George’s point,

[00:13:24,380 → 00:13:27,920] where you’re looking to time your exit depending on your level of income

[00:13:27,920 → 00:13:28,820] in this financial year.

[00:13:28,820 → 00:13:31,080] So often you’ll have a chat with your financial planner

[00:13:31,080 → 00:13:32,280] and your accountant to say,

[00:13:32,280 → 00:13:34,700] how am I finances looking around about April or May?

[00:13:34,700 → 00:13:38,460] And they’ll say, okay, what do I need to do to pay this tax this financial year

[00:13:38,640 → 00:13:42,260] and say, yes, you can sell the property, but don’t do it until 1st July.

[00:13:42,260 → 00:13:44,960] So I’m finding a lot on that in the market.

[00:13:44,960 → 00:13:48,620] Point of clarity on that two is that it’s actually not the date of settlement.

[00:13:48,960 → 00:13:50,580] It’s the date of your contract. Yeah.

[00:13:50,580 → 00:13:51,020] So it’s

[00:13:51,020 → 00:13:54,480] when you’ve entered into the contract, which is when your CGT events happen.

[00:13:54,480 → 00:13:57,600] So people think, oh, you know, I actually did it.

[00:13:57,600 → 00:14:00,320] You know, I’m settling in, you know, after July.

[00:14:00,320 → 00:14:01,200] Yeah.

[00:14:01,200 → 00:14:03,500] But you actually sign the contract on the 30th of June.

[00:14:03,500 → 00:14:05,880] It’s the difference between contract date and contract

[00:14:05,880 → 00:14:07,380] settlement and settlement or contract.

[00:14:07,380 → 00:14:08,480] And so yeah, yeah.

[00:14:08,480 → 00:14:09,000] Yeah.

[00:14:09,000 → 00:14:11,820] There’s also, changes in superannuation.

[00:14:11,820 → 00:14:15,240] Is that the law recently changed the way it allows

[00:14:15,240 → 00:14:18,420] people to not made a work test to put money into superannuation.

[00:14:18,420 → 00:14:23,220] So you no longer in your 60s, mid 60s is now up to 74.

[00:14:23,220 → 00:14:26,960] So, you know, you might be in a situation where you have large capital gains,

[00:14:26,960 → 00:14:29,000] you’re starting to realize and you put that away.

[00:14:29,000 → 00:14:30,860] But you can also make concessional contributions.

[00:14:30,860 → 00:14:33,840] You don’t have to be a business owner to be able to that.

[00:14:33,840 → 00:14:35,820] Every every individual can do that now.

[00:14:35,820 → 00:14:40,080] So there there are ways, if you’re not working to still mitigate

[00:14:40,080 → 00:14:42,140] some of that tax. I think that direction that to us.

[00:14:44,040 → 00:14:47,040] But what I want oh what

[00:14:47,300 → 00:14:52,200] we’re talking about reasons to sell and bad leavers and and legal reasons.

[00:14:52,200 → 00:14:54,800] But I’ll probably highlight a different perspective

[00:14:54,800 → 00:14:58,640] when selling property is that sometimes in all the best planning you can,

[00:14:58,940 → 00:15:02,800] you can sell because we’ve worked out why, you know, it’s a great area.

[00:15:02,820 → 00:15:06,740] The the suburb, it’s exploded, we bought in Brisbane because we knew

[00:15:06,740 → 00:15:10,040] the Olympics was coming and and look here, just flock there.

[00:15:10,040 → 00:15:12,960] And now we’re going to sell for at the right time.

[00:15:12,960 → 00:15:16,920] But there are situations where they’re the bad leave quote situations.

[00:15:16,920 → 00:15:21,200] And, and some of the experiences that I’ve had is, you know,

[00:15:21,320 → 00:15:24,540] first home buyers or inexperienced buyers bought

[00:15:25,200 → 00:15:29,000] and then they’re bought unknowingly in a catchment and catchment.

[00:15:29,000 → 00:15:33,840] Could be, then the Housing Commission.

[00:15:34,060 → 00:15:37,940] And if you haven’t done your research or it hasn’t been done for you, you can

[00:15:38,180 → 00:15:41,660] you can fall afoul because that the neighbors might not be,

[00:15:41,960 → 00:15:44,040] the quiet neighbors that you’re hoping for.

[00:15:44,040 → 00:15:46,600] And that can affect the sale price. Right.

[00:15:46,600 → 00:15:49,020] Or you can, you can you can you can buy

[00:15:49,020 → 00:15:52,340] in, say, heritage or conservation area

[00:15:52,340 → 00:15:56,300] and that can really impact the sale value as that happens.

[00:15:56,340 → 00:15:59,820] And so, you know, the good leave aside is, you know, if you’re

[00:16:00,060 → 00:16:03,060] if you’re on open council and you know where the, where the,

[00:16:03,080 → 00:16:04,700] where the planning provisions are going to change.

[00:16:04,700 → 00:16:06,140] And if you knew where to buy, then that

[00:16:06,140 → 00:16:07,680] that would be a totally different situation.

[00:16:07,680 → 00:16:09,660] But like, you know,

[00:16:09,660 → 00:16:13,400] the appreciation of those considerations need to be considered.

[00:16:13,400 → 00:16:17,180] And so what when we went for from a financial planning perspective,

[00:16:17,180 → 00:16:20,880] is that we buy property and it’s bought at a point in time,

[00:16:21,180 → 00:16:24,440] but there can be circumstances that unforeseen with all the checks

[00:16:24,440 → 00:16:28,580] and balances that that might require you to reconsider whether you’re

[00:16:28,580 → 00:16:32,120] going to sign up for the next stage in that, in that assets.

[00:16:32,220 → 00:16:35,300] And a good example of that is when you’re stuck with a special levy.

[00:16:35,480 → 00:16:38,760] So we often have these huge apartment blocks or these shared

[00:16:39,080 → 00:16:42,060] amenities, services, gyms, pools, lifts.

[00:16:42,060 → 00:16:46,140] And when those lease come time to change over,

[00:16:46,440 → 00:16:50,120] you’re looking at hundreds of thousands of of special levies.

[00:16:50,120 → 00:16:52,440] And depending on how how many people in your life

[00:16:52,440 → 00:16:55,260] it might be, it’s not an insignificant sum.

[00:16:55,260 → 00:16:57,260] You need a good conveyancer to check the sinking fund.

[00:16:57,260 → 00:16:59,200] That’s right. Oh, that’s right.

[00:16:59,200 → 00:17:01,440] That is that actually happened to one of our clients? Yeah.

[00:17:01,440 → 00:17:03,300] They actually came to us and said, you know,

[00:17:03,300 → 00:17:05,600] can you have a look at this property? Because I’m thinking about buying it.

[00:17:05,600 → 00:17:09,420] And we had a look and the, the actual, the balance in the strata

[00:17:09,420 → 00:17:12,920] reports said that it was -$1 million in a sinking.

[00:17:12,920 → 00:17:16,060] I always say so it’s not the report.

[00:17:16,060 → 00:17:19,060] Often it’s more important than the contract.

[00:17:19,580 → 00:17:20,280] Okay. Yeah.

[00:17:20,280 → 00:17:20,800] Yeah, yeah.

[00:17:20,800 → 00:17:23,800] Because there’s certain milestone events, especially in an apartment where, yes,

[00:17:23,800 → 00:17:27,720] you change lifts or change the plumbing, or you need to paint the outside

[00:17:27,720 → 00:17:29,660] of the building, or especially in New South Wales.

[00:17:29,660 → 00:17:30,500] What’s happening now is,

[00:17:30,500 → 00:17:34,260] the state government is telling everybody they need to review and potentially

[00:17:34,260 → 00:17:38,800] change the cladding on the outside from the petrochemical to something else.

[00:17:38,800 → 00:17:42,020] So, yeah, there’s the strata report is super important.

[00:17:42,020 → 00:17:45,300] And that could also be a factor in selling as well.

[00:17:45,560 → 00:17:48,620] Like whether or not you sell your property for that price.

[00:17:49,060 → 00:17:51,960] And I think this there was come to a period where,

[00:17:51,960 → 00:17:54,980] especially during Covid when people were buying under ultra

[00:17:54,980 → 00:17:57,980] low interest rates like never seen before, interest rates below 2%.

[00:17:58,220 → 00:17:59,220] And then a couple of years later,

[00:17:59,220 → 00:18:01,340] we had a bit of a sharp increase in interest rates.

[00:18:01,340 → 00:18:03,720] People were finding themselves in dire straits

[00:18:03,720 → 00:18:07,040] with all like, oh, I bought the property based on that period in time,

[00:18:07,040 → 00:18:10,140] but now I can no longer afford and now forced to sell a result.

[00:18:10,380 → 00:18:11,900] And this goes back to the financial planner.

[00:18:11,900 → 00:18:13,940] Like you need to buy with the end in mind.

[00:18:13,940 → 00:18:16,260] Not at this time, because I tell people that

[00:18:16,260 → 00:18:18,720] in a booming period you can sell anything

[00:18:18,720 → 00:18:22,520] like people will buy anything through scarcity or hype or FOMO.

[00:18:22,840 → 00:18:26,840] But then when it comes time to sell, like you actually need to market your product

[00:18:26,840 → 00:18:28,280] and you might not get the price that you want.

[00:18:28,280 → 00:18:31,280] So that’s something that you really need to consider.

[00:18:31,400 → 00:18:32,720] But look, thank you everybody for your time.

[00:18:32,720 → 00:18:35,120] And that was, really a lot to unpack there

[00:18:35,120 → 00:18:36,920] and a lot of considerations around selling.

[00:18:36,920 → 00:18:39,780] So I really appreciate that. Thanks for joining us. Thank you.

[00:18:39,780 → 00:18:40,000] Gianni

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Disclaimer

The content of this podcast is intended as general information and should be considered broad guidance only. It does not constitute legal, financial, or tax advice and should not be relied upon as such. Every property transaction is different, and we recommend seeking personalised advice from a qualified professional before making any investment or legal decisions.

FAQs that we get. Alot.

When is capital gains tax (CGT) triggered, on settlement or when I sign?

On the contract date. Your CGT event occurs when you exchange contracts, not at settlement. Timing around 30 June/1 July can change which financial year the gain lands in.

Not immediately. The six-year rule can keep it CGT-free while rented, but you can’t claim the exemption for another property for the same period. If you pass six years, get a valuation at that point to set a new cost base for future CGT calculations.

The lender gets paid first from sale proceeds. If the price doesn’t cover the debt (negative equity), you must make up the shortfall. Also, remember to check for fixed-rate break costs before you list.

Yes. Most lenders require a written “exit strategy” (how you’ll pay the loan down in or by retirement). Speak to a broker early to avoid surprises on your next purchase.

Yes. All Australian residents (for tax purposes) you must obtain a Foreign Resident Capital Gains Withholding clearance certificate; without it, the purchaser must withhold 15% of the sale price (or market value if not sold at arm’s length) for foreign resident capital gains withholding (FRCGW) purposes. Apply early to avoid delays.

Strata issues (low sinking funds, special levies, cladding/lift/plumbing works), heritage or conservation restrictions, and local housing-commission proximity can all hit value. Get a current strata report and check council overlays before you list.

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