All Topics / Help Needed! / 6 year rule PPOR

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  • Profile photo of Serena61Serena61
    Member
    @serena61
    Join Date: 2010
    Post Count: 3

    I understand that the PPOR 6 year rule is about buying a home, and have to leave for whatever reason e.g. work. We nominate PPOR status when paying land tax. My question is are you still applicable for the PPOR CGT exemption when you have nominated PPOR in the 1st year and stopped nominating as PPOR since? I'm still within 6 years, but when I had to travel for work and thought renting out the property meant that I should not declare as PPOR under land tax. But now I'd like to move back in. Does anyone know whether CGT can still be exempted?

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

    for CGT see s118.145 ITAA 1997. You can be absent for up to 6 years and not have to pay 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

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

    The Land Tax rules are different and will vary from state to state.

    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 Ryan McLeanRyan McLean
    Participant
    @ryan-mclean
    Join Date: 2010
    Post Count: 547

    Were you simply absent for under 6 years, or did the property become an investment property and did you rent it out?

    Ryan McLean | On Property
    http://onproperty.com.au
    Email Me

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