If I Airbnb my entire home (main residence) for 2 weeks each year (whilst I'm on holidays), does the 6 year CGT exemption rule apply? I would be packing away most of my personal belongings, but would not be changing my mailing address.
Yes, the six-year rule applies.
Toby
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Yes, the six-year rule applies.
Toby
Many thanks Toby. It seems to be a grey & confusing area. My interpretation of the ATO website is that the 6 year rule doesn't apply unless you change your address, electoral role, utilities etc. - see extract below. There have been some past SMH & AFR articles that support this view.
However, I have read several professional opinions, including yours, which suggest that the 6 year rule applies to all short-term rentals, provided you don't have another main residence (ie. even if you don't change your address whilst away on holidays).
Has the ATO confirmed their stance?
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The ATO website states that, for the 6 year rule to apply, the property must have:
- been your main residence first
- stopped being your actual main residence – that is, you stopped living in it.
If the property was continuously your main residence, the usual rules for the main residence exemption apply. This means if you use it to produce income, such as rent, you will be entitled to only a partial main residence exemption from CGT.
The ATO website states that there are a number of factors that indicate whether a property has stopped being your main residence:
- you and your family no longer live in it
- your personal belongings are not kept in it
- it is no longer the address your mail is delivered to
- it is no longer your address on the electoral roll
- services such as gas and power are no longer connected.
The weight given to each of these factors depends on individual circumstances. The length of time you are absent from the property, and any intention you have to re-occupy it, may also be relevant.
Example: property does not stop being main residence during holiday
Rajini bought a unit in which she has lived for 2 years. It has been her main residence for the whole period she has owned it.
Rajini goes on holiday to Bali for 2 weeks each year over the summer.
Rajini leaves some of her more personal possessions, such as her jewellery and laptop, with her parents while she is away.
The unit does not stop being Rajini’s main residence while she is on holiday.
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