Property investors will need to have a well thought-out plan before they make the transition to retirement. - Julia Hartman
This story was inspired by an API reader who had found her dream retirement home a little too soon and a few questions I was asked at the API stand at the Sydney Property Expo.
It gave me a new profile of property investor: the baby boomer. Someone with a few rental properties with high capital gains and their own home which is post-CGT (bought on or after September 20, 1985) but too big for their retirement.
Usually property investors approach retirement with no debt on their own home but quite a bit on their rental properties.
Here are three possible strategies they'll be considering:
1. Selling off some rental properties to reduce the debt
If you're considering this you'll have to pay capital gains tax (CGT), though with careful planning you would hope to keep the effective tax rate down to 7.5 per cent by putting the proceeds, after the 50 per cent CGT discount, into superannuation.
Nevertheless, 7.5 per cent of a $400,000 gain is still $30,000.
And if the gain is more than this and it's only owned by you and your spouse you won't be able to put any more of it into superannuation, as the limit for tax-deductible contributions for over 50s is $100,000 per annum.
2. Borrowing against your properties to live on
Not for the faint-hearted; you need to be confident that you'll always have enough growing equity to borrow against (leaving the CGT bill to your children) and remember that the interest on these borrowings won't be tax deductible (nor will they increase your cost base) so your portfolio may still manage to become taxable later in life when you need to find a lot of after-tax dollars to finance the loan repayments on the non-deductible borrowings you've lived off for the past 20 to 30 years.
At that stage you may well be forced to sell one anyway. The trouble with selling later rather than sooner is that you may be too old to qualify for a tax deduction for superannuation contributions.
This would happen if you're over 65 and can't pass the work test, or if you're over 75 regardless.
3. Cashing in superannuation to pay off the loans
This would only be suitable in very limited circumstances.
You need to consider that money in superannuation can be rolled into a pension fund where there will be no tax on its earnings or capital gains.
Further, the pension it pays you will also be tax free once you're over 60.
The baby boomers are at a time in their lives when they should be working out how to get money into super, not take it out.
Now before you go thinking 'let's shift these properties over into our own self-managed superannuation fund (SMSF), don't bother.
Superannuation funds can't buy domestic properties from their members. 
Taking money from a zero tax environment to increase investment income outside of superannuation could lead to you, later in life, earning so much income out of the properties that you're taxable and too old to put it back into the superannuation fund.
After all, you intend to be retired for a very long time.
In that time rents will go up and your depreciation claims will go down. Building depreciation for properties built between July 17, 1985 and September 16, 1987 will be all used up within 25 years. That will start to happen in 2010.
If your rental property was built after that date you have 40 years from when the construction finished over which to depreciate the building costs.
So most of the properties you now have in your portfolio won't qualify for building depreciation when you're too old to reduce your tax by contributing to superannuation.
This is something to be very concerned about considering you could, instead, have been living very happily tax free for the rest of your life just for having more of your wealth in a pension fund.
If you're thinking that later in life you'll sell off some properties to live off the proceeds or simplify your life, don't leave it so late that you can't reduce the effect of the capital gain by contributing to superannuation.
The right retirement planning now means paying no tax at all by the time you reach 60 until you die.
With the use of a transition to retirement pension you can also arrange your affairs so that you pay no more than 15 per cent tax from the time you reach 55, even though you're still working.
If you're looking to pay no tax at all once you reach 60 then you need to plan to only have $21,680 in taxable income each as a member of a couple, outside of superannuation.
This is the figure for 2008, it's indexed each year. Just as your rents will increase, so will that threshold.
But what happens when you run out of depreciation to claim?
The next trap could be that you may not be able to spend all your income.
You'll be forced every year to draw a minimum amount out of your pension fund. This is a percentage of the total amount in there.
The percentage increases as you get older. If you don't spend all this it could earn you income and push you over the tax free threshold mentioned earlier.
A terrible problem to have but a good reason to start out with earnings considerably under the threshold while you still have the opportunity to move funds into superannuation.
Ultimately, you'll need to find some clever ways to cash in your properties without losing too much to CGT.
Some tricks
You need to look at each of your properties and see if any of them would fit into the following tricks.
Taxable gain of less than $200,000 after the discount and owned in joint names
This is a great one to sell just after you retire if you're over 50, though if you're over 65 you'll need to carefully combine the work test and have so little in wages that you qualify to claim a tax deduction when you contribute the capital gain into superannuation.
The beach shack with a huge capital gain
Hopefully you've had the foresight to hold in your rental property portfolio a little beach shack that will suit you very well for your retirement.
Being by the beach will probably also mean it has heaps of CGT attached to it. Never mind. If it's still considered your home when you die your heirs inherit the property at the market value at your date of death.
Yes, all the lurking CGT liability disappears. This means you've effectively covered both your old home and this beach house as your main residences during the time you owned your old home.
Don't worry if you're living somewhere else in your later years.
You can rent the place out for six years and still have it considered your main residence when you die but if you go over the six years it may be more profitable to not rent it out. You see, the six-year rule extends to an indefinite period if the property isn't income producing.
Now, what about getting the beach house into a state suitable for your retirement?
Make sure you do all the repairs to get it into just as good condition as it was in when you purchased it while it's still a rental, or at least in the same financial year that it was a rental so the cost will be fully deductible.
The house you used to live in before you moved into your current one
As discussed on page 64 of the March API, the last place you want your main residence to be is the property you live in because any expenses that aren't claimed as a tax deduction can increase the cost base if it was purchased after August 20, 1991.
This can include interest, rates, insurance, repairs and even light globes and cleaning materials.
If it's a rental then those expenses would have been claimed as a tax deduction.
So if you have a previous home that's now a rental see how little CGT you'd have to pay if you sold it but left your main residence exemption there for six years after you moved out.
The family home
If you're a classic baby boomer, you probably have a house that's far too big for your needs now.
If you can't use the trick above, this can usually be sold free of CGT and without reducing deductible debt (i.e. deductions against income outside of superannuation).
If you can utilise the trick above, still do the sums on this option after claiming all the holding costs while you lived there as the CGT may be minimal.
It's not just the costs while it wasn't covered by your main residence exemption that increase your cost base, it's the costs for the whole time you lived there.
Pre-CGT property
Note if your home is pre-CGT, make sure you leave your main residence elsewhere if you've ever lived in any of your other properties.
A pre-CGT property is the best one to sell later in life (maybe the nursing home nest egg) as your death will mean it loses its pre-1985 status anyway so you've made the most you can of it and as the proceeds will be tax free, you don't have to worry that you're too old to put them into super.
Consider changing the property to commercial
This is something to do while you're still able to contribute to superannuation. You see, a property that's used solely in a business can be transferred into your superannuation fund.
Superannuation law doesn't specify that it be a commercial building, though you'd probably be in a bit of bother if the business isn't legally allowed to operate there. A change of use to home occupation won't cut it because you'd have to live there as well, which would mean it wasn't solely used for business. The business doesn't have to be your own business and it can be any type. For example, professional rooms which domestic properties easily adapt to.
Just remember that transferring the property into your SMSF will still create a CGT liability for you and if you put some of the proceeds of the sale into the super fund to help it pay for the purchase, the fund will pay 15 per cent tax on them if you claim the contribution as a tax deduction.
NOW Some tricks FOR YOUR HEIRS
Hopefully that's enough to get all your retirement savings exactly where you need them at minimal tax.
Don't feel mean leaving the CGT to your children.
They're only going to pay it if they sell the property and then there are some strategies they can also implement.
For example, to get the small business CGT concessions which can reduce the CGT to zero an asset has to be used in a business for 7.5 years or half the time it's owned.
Leave the high CGT property to a child in business.
They can use it in their business and as long as they qualify as a small business and have used the property in the business for half the time they (not you) own it, they could eliminate the CGT completely.
You have to get financial planning advice to get these ideas to work at their best for your circumstances.
This is just intended to get you thinking ... and maybe dreaming.
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