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NicoleZ(Newbie)Newbie
5 Aug 2023

The ATO website has the following example for property sold over 2 hectares:


Example: land used for private purposes

Mohammed bought a house with 15 hectares of land. He used 10 hectares for apple farming and 5 hectares for private purposes. Mohammed can get the main residence exemption for:

  • the house
  • 2 hectares of land he selects out of the 5 hectares that he uses for private purposes (the land he selects must include the land under the house).

After 9 years, Mohammed decided to sell. He had his house valued. The valuation stated that the house and the 2 hectares of land he had selected were worth two-thirds of the total value of the property.

Mohammed can claim the main residence exemption for two-thirds of the capital gain on the sale of the property.


https://www.ato.gov.au/Individuals/Capital-gains-tax/Property-and-capital-gains-tax/Your-main-residence---home/Home-on-more-than-2-hectares/


This example is very simplistic and implies that you do not need to apportion the purchase and cost base of the property. This is different to ATO ID 2002/691 and TD 1999/67. If teh example given is correct, please provide further details, but if not correct please update the website.

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1,679 views
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AriATO(Community Support)Community Support
8 Aug 2023

Thank you for this @NicoleZ! Our technical team agree we can improve the Mohammed example to better match the principles expressed in TD1999/67. Your feedback will be passed on to the relevant area for consideration to revise the example.   

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Incorrect Information on ATO Website - Main residence over 2 hectares CGT | ATO Community