We lived in our NSW property for 16 years but rented it out for a year before selling it. Can our real estate agent who sold it but is not a registered valuer make a property valuation for CGT purposes?
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Best to see a tax agent or ask ATO's technical assistance
Assuming it is or will be fully exempted for the 16 years, then you would need a valuation report. If unsure if it will be fully exempted it would be best to figure out if MRE is available to apply.
"Apart from these exclusions, the rule applies if all the following are true:
- you acquired the property on or after 20 September 1985
- you first used the property to produce assessable income after 20 August 1996
- when you sell the property (or another CGT event happens to it), you would be entitled to a partial CGT exemption because you used it to produce assessable income during the time you owned it
- you would have been entitled to a full exemption if the sale or other CGT event happened to the property immediately before you first used it to produce assessable income."
- https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/property-and-capital-gains-tax/your-main-residence-home/using-your-home-for-rental-or-business#ato-Valueofhomewhenfirstusedtoproduceincome
Can our real estate agent who sold it but is not a registered valuer make a property valuation for CGT purposes?
- Seems to depend where you are, best to check your state or territory. Queensland & WA seems to be registered valuer, other states and territory seem to be a qualified person
- You will need to follow the criteria for the valuation report
- https://www.ato.gov.au/law/view/document?DocID=SGM/market_val&PiT=99991231235958
- https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/market-valuation-of-assets
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