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Eugene3369(Newbie)Newbie
12 Dec 2023

This is going to be a few layers of question that I will probably need to clarify further. I'm currently living with my partner where both of us have our own salary, we spend our own salary but on the same time have a shared account where both of us puts in equal amount of money into the account to help with managing other bills easier. Essentially none of us are dependent on each other. I was just wondering if this would still be considered as a de facto relationship?


This then leads to the next question where I've bought a property which I'm planning to live in and probably savour the six year rule. Unfortunately my partner will not be able to move in with me in the next few months due to work commitments (we work in different region) and will live in a leased apartment in the next year due to contract reasons. In this situation, would I still be able to have the benefit of six year rule when the time comes to selling the unit?


Thanks a lot!

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2,210 views
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AriATO(Community Support)Community Support
14 Dec 2023

Hi @Eugene3369


Yes it sounds like a de-facto relationship. For tax purposes you'll be each other's spouse as you're living together as a couple.


To use the 6 year rule you need to live in the property first as your main residence. If you move out for whatever reason then you can apply this rule so that you don't have to pay CGT for the time you stop living in it. If you and your partner are both legal owners, your share is looked at separately. Your partner would need to live in the property for it to be their main residence. Check out the info we have about your guide to CGT and property and also spouse details.

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Most helpful reply

AriATO(Community Support)Community Support
14 Dec 2023

Hi @Eugene3369


Yes it sounds like a de-facto relationship. For tax purposes you'll be each other's spouse as you're living together as a couple.


To use the 6 year rule you need to live in the property first as your main residence. If you move out for whatever reason then you can apply this rule so that you don't have to pay CGT for the time you stop living in it. If you and your partner are both legal owners, your share is looked at separately. Your partner would need to live in the property for it to be their main residence. Check out the info we have about your guide to CGT and property and also spouse details.

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