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miklos(Newbie)Newbie
6 Oct 2022

- Property was purchased solely by dad in 1999 for 325,000 and he passed away in 2002.

- Mum inherited the property in her name in 4/2008 and passed on 75% to her son in 5/2008 as tenants in common to the value of 356,250

- Stamp duty was paid as inheritance and a further 8.25% was passed onto her son in 2012 as vendor finance as inheritance to the value of 47,025 before her death in 10/2020.


The balance into the deceased estate or 16.75% to her son to the value of 152,425 after valuation. The son sold the property within 2 years of his mother passing away. Mother held onto the property as her main residence up until the day she passed away overseas during her last longer stay holiday overseas at the age of 90.


Is the son liable to pay CGT on the property. The property is valued at more than 555,700 (356,250+47,025+152,425).

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JodieR_ATO(Community Support)Community Support
10 Oct 2022

Hi @miklos,


If the 16.75% formed part of her main residence and the son sells within 2yrs of his mum passing away, then generally CGT won't apply to the 16.75%. You mentioned she was overseas at the time of her passing. Was she still an Australian resident at this time? Main residence exemption is no longer available for foreign residents unless they meet the life events test.


Also, if the 83.25% that he owned was not his main residence and he sold 100% of the property, then he'd have a CGT liability on the amount that he previously owned before his mum passed away.

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Most helpful reply

JodieR_ATO(Community Support)Community Support
10 Oct 2022

Hi @miklos,


If the 16.75% formed part of her main residence and the son sells within 2yrs of his mum passing away, then generally CGT won't apply to the 16.75%. You mentioned she was overseas at the time of her passing. Was she still an Australian resident at this time? Main residence exemption is no longer available for foreign residents unless they meet the life events test.


Also, if the 83.25% that he owned was not his main residence and he sold 100% of the property, then he'd have a CGT liability on the amount that he previously owned before his mum passed away.

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