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STR_Owner(Newbie)Newbie
24 Apr 2023

We purchased a property larger than 2 hectares specifically intended and approved for short term rental (holiday accommodation). We purchased the property jointly as a couple and have run it for a decade for short-term rental using a partnership. The property has a main residence and multiple cabins for rent. The business income is under $100,000 per annum, so we are a 'small business'. We are intending to sell the property soon and expect it to be worth approx $1,000,000 more than we paid for it. We know we will be subject to CGT since the property is larger than 2 hectares and also has been used to produce income.


Does the whole property constitute an 'active asset' of the partnership and is therefore eligible for the small business CGT concessions? If not, can we separate out 2 hectares which includes our house but does not include the rental cabins to claim as our main residence, and if we do that can the rest of the property (i.e. the remaining land and rental cabins) constitute an 'active asset' for CGT purposes?


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JodieR_ATO(Community Support)Community Support
27 Apr 2023

Hi @STR_Owner,


You mentioned it has a main residence, have you lived in the main residence yourselves at any time during the ownership period? If the property has only been used for investment purposes since date of purchase, main residence exemption would not factor in.


However, if you lived there and it was your main residence, even for a short period, you'll need to determine the land area that the PPR and land took up, as well as how many days it was your PPR. If you were also renting out cabins and land associated to the cabins at the same time, you'd also need to determine the land area allocated and days rented, as this may be looked at for CGT.


If you're in the business of letting properties, you can view the information on how this is looked at from here. If it's looked at as an active asset, you'd likely need to apportion the business use % and cost.


We'd recommend you contact our tailored technical assistance area and explain your scenario, including any period you lived there and associated land area, so they can advise how to report this once you sell or dispose of the property.

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Most helpful reply

JodieR_ATO(Community Support)Community Support
27 Apr 2023

Hi @STR_Owner,


You mentioned it has a main residence, have you lived in the main residence yourselves at any time during the ownership period? If the property has only been used for investment purposes since date of purchase, main residence exemption would not factor in.


However, if you lived there and it was your main residence, even for a short period, you'll need to determine the land area that the PPR and land took up, as well as how many days it was your PPR. If you were also renting out cabins and land associated to the cabins at the same time, you'd also need to determine the land area allocated and days rented, as this may be looked at for CGT.


If you're in the business of letting properties, you can view the information on how this is looked at from here. If it's looked at as an active asset, you'd likely need to apportion the business use % and cost.


We'd recommend you contact our tailored technical assistance area and explain your scenario, including any period you lived there and associated land area, so they can advise how to report this once you sell or dispose of the property.

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small business cgt concessions on short-term rental property | ATO Community