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  • Profile photo of timwrtimwr
    Participant
    @timwr
    Join Date: 2005
    Post Count: 25

    hi,

    I have lived in my home for 3 years now and previously had it rented to tenants for 10 years.  Can anyone tell me what my CGT liability would be if I was to sell?  Is it calculated on 10/13ths of the capital gain (taking the 50% reduction into account) or is there any exemption as I have lived in the house for the past 3 years?

    Any info would be greatly appreciated.

    timwr

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

    You wouldn't get the full exemption because you only moved in a later.

    I am not sure which way, but it would be assessed on either the

    a) 10/13 x CG

    or

    b) CG during the first 10 years.

    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

    Profile photo of Dan42Dan42
    Member
    @dan42
    Join Date: 2008
    Post Count: 619

    Because your property was rented first, then you moved in, you would pay CGT on the 10/13ths of the capital gain. x 50%. For the 6 year rul exemption, you must have lived in the property first.

    Profile photo of Mr5o1Mr5o1
    Participant
    @mr5o1
    Join Date: 2010
    Post Count: 107

    I agree with Dan, the “home first used to produce income rule” does not apply, nor does the 6 year ppor extension. so its 10/13ths of the total gain.

Viewing 4 posts - 1 through 4 (of 4 total)

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