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JBP(Initiate)Initiate
20 Mar 2023

My husband and I purchased a property in 2022 and treat it as our Primary Place of Residence. This is the only property we own. We occasionally rent out the entire house through Airbnb for short term stays when we are not using it, as we sometimes need to travel due to work commitments.


Although we occasionally rent out our property throughout the year, the total accumulated amount of nights rented out within a year is less than 80 days.


The settlement on the property was in February 2022. I listed my property on AirBnB in April 2022 and the first booking I received (rented it out) on AirBnB was in May 2022 for 10 days. I lived in the property from 3/02/2022 until 9/05/2022 before renting it out for 10 days. All of our personal belongings have remained in the property during the times my property is rented out on AirBnB. My electricity, gas, water services are all registered to my property's address, as well as my electoral roll address, council rates and driver's licence.


We plan to possibly sell the property by 2028.


I have a couple of questions:


1) Will I have to pay Capital Gains Tax when I sell? And if so, what concession or partial CGT exemption will I receive?


2) Will the '6 year leave of absence rule’ apply, so we are exempt from paying CGT?


Thank you for your time to answer my concerns and providing advice.

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3 replies
1,721 views
3 replies

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CaroATO(Community Support)Community Support
22 Mar 2023

Hi @JBP,


The basic rule is if you're absent from your only main place of residence for less than 6 years you've the opportunity to disregard any CGT. This also applies when you use your home to earn an income during the 6 years.


A similar question has been asked on this forum, check out the answer.

JBP(Initiate)Initiate
24 Mar 2023

Thank you for your reply Caro. But I am still concerned about making sure we are exempt from CGT. There seems to be contradicting information regarding the '6 year rule'. According to @Blake 's response on this thread: "...it must be a former home you apply this to. In the case of immediately renting out the property (whether short or long term), the property is not a former home. This means you wouldn't be able to use the six-year rule."


I am seeking some clarification about how to make sure the ATO considers our property as being our main residence before we rented it out, so we are eligible to apply for the '6 year rule'. I would like to avoid the risk of maybe having to pay CGT upon selling, as it would be a large sum of money we cannot afford. Hence, why I am seeking clarification around this rule and how do we make sure we achieve the status of main residence before renting out property?


AriATO(Community Support)Community Support
31 Mar 2023

Hi @JBP


What Blake is referring to in that thread is about the client asking if they rent the house out straight away can they still be exempt. We've taken that to mean they rent it before moving in. You need to establish MR first.

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Will I need to pay CGT if I AirBnB my Primary Place of Residence? | ATO Community