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Lyntee(I'm new)I'm new
29 Mar 2026

My father

passed away 2018 and left his house to my mother, my sister and I equal thirds. My mother lived in the house alone until recently moving into aged care. We have sold the house. Do we have to pay capital gains tax?

291 views
1 replies
291 views
1 replies

All replies

KaraATO(Community Support)Community Support
30 Mar 2026

Hi @Lyntee,


Whether capital gains tax (CGT) applies depends on how the inherited property was used over time.


On-going use as a main residence is an important factor when working out whether a full or partial CGT exemption applies. Based on what you've shared, it aligns with your situation, because:

  • the property was your father’s main residence before he passed away in 2018, and
  • your mother then lived in it as her main residence until recently moving into aged care.

As more than 2 years have passed since your father’s death, the automatic 2‑year exemption may not apply. However, an exemption may still be available depending on whether the property continued to be used as a main residence and whether it was used to earn income.


We have a step‑by‑step guide on our inherited property and CGT webpage that walks you through a series of questions to help work out the CGT treatment for inherited property. This should help you apply the rules to your situation.

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Do we have to pay capital gains tax after selling an inherited property? | ATO Community