Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
Andy77(Enthusiast)Enthusiast
25 July 2022

Hi there


Could you please help us apply the main residence exemption rule in this case?


An oversea student bought a house in 2015 and lived in the house until 2017. During 2015-2017, he was an Australian tax resident. After 2017, he left Australia and never come back. He rented the house out from 2017 to 2021. He sold the house in 2021.


Can he use the property value at 2017 when he first time rented out, as the cost base?



465 views
1 replies
465 views
1 replies

Most helpful response

Most helpful reply

RachATO(Community Support)Community Support
27 July 2022

Hey @ Andy77,


For property sold after 30 June 2020, foreign residents are no longer entitled to the main residence exemption for capital gains tax (CGT) unless they satisfy the life events test.


If they meet that criteria as well as the general exemption requirements, then the first element of the cost base would be the market value of the property when it was first used to produce income in 2017.


If the life events test doesn't apply, then the first element would be the price they originally paid for the property in 2015.

All replies

Most helpful reply

RachATO(Community Support)Community Support
27 July 2022

Hey @ Andy77,


For property sold after 30 June 2020, foreign residents are no longer entitled to the main residence exemption for capital gains tax (CGT) unless they satisfy the life events test.


If they meet that criteria as well as the general exemption requirements, then the first element of the cost base would be the market value of the property when it was first used to produce income in 2017.


If the life events test doesn't apply, then the first element would be the price they originally paid for the property in 2015.

Loading
foreign resident excluded from main residence exemption? | ATO Community