All Topics / Help Needed! / Capital Gains

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  • Profile photo of mahesaabeymahesaabey
    Member
    @mahesaabey
    Join Date: 2007
    Post Count: 1

    Does any one know how the Tax office looks at you own home for capital gains free.

    Can you claim more than one if you move from home to home
    How long do you have to live there

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    A person's main residence is exempt from CGT, with a few exemptions:
    – If it was used for income producing purposes
    – it is bigger than 2 hectares

    There are various factors which can determine if your place is your main residence, including
    – length of time lived there
    – whether all your family lives there
    – address of your mail, drivers licence, electoral roll etc
    – connections of electiricty in your name etc.

    There are also exemptions if you do not live in your main residence and rent it out – you may still be able to claim it as your main residence and it will be cgt exempt for up to 6 years after you move out. s 145-118 ITAA 1936.

    There is no minimum period in which you have to live in a home before it can be considered your main residence (from the ATO "Guide to Capital Gains Tax 2007").

    You can also have 2 houses which you can claim as your main residence at the same time – to allow for moving from one to the other etc – with a few conditions.

    And remember, a place cannot be classed as your main residence until you live in it.

    careful planning can save you a heap of CGT!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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