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nicoleg(I'm new)I'm new
18 Mar 2024

My mother passed away late last year leaving her home to myself and my sister. The property was originally purchased in 2001 and my mother lived in it until her death. It was not used for earning income at anytime and is under 2Ha in size. It has been vacant for approximately 6 months (since her death).


I understand that if we sell the house within 2 years of my mother's death then we would not be liable for Capital Gains Tax (CGT). And, if we were to rent the property for more than 2 years and then sell we would be liable for CGT.


But would we be liable for CGT if one of us, who is a beneficiary of the house in our mothers will, were to move into the house as their principal place of residence and live there for over 2 years and then sell?


And would this change if either my sister or I were to pay rent to the other? Eg. I rent the property (valued at $600 per week) so pay $300 a week rent to my sister.


Thanks in advance.

7,344 views
5 replies
7,344 views
5 replies

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Most helpful reply

Iheartrefunds(Devotee)Devotee
18 Mar 2024

You seem to have done your research already, so I imagine you've read it, but here is the info on the ATO's website: Inherited property and CGT | Australian Taxation Office (ato.gov.au).


Check under the heading 'Disposal within 2 years'. The info states:


It does not matter whether you used the property as your main residence or to produce income during the 2-year period.


As long as it's sold within 2 years, you can earn rent from it.

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Taxduck(Taxicorn)Taxicorn
18 Mar 2024

CGT can be complex and this is no exception. Run through the questionnaire in this link and you will see why. https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/inherited-assets-and-capital-gains-tax/inherited-property-and-cgt

My understanding of the information in the link is that you would be exempt from CGT on your share of the property while it remains your main residence and does not produce income. For your sister CGT will apply on her share as it is not her main residence. (regardless of rent paid or not).

I would suggest seeking professional advice if you decide to go ahead with this.

Most helpful reply

Iheartrefunds(Devotee)Devotee
18 Mar 2024

You seem to have done your research already, so I imagine you've read it, but here is the info on the ATO's website: Inherited property and CGT | Australian Taxation Office (ato.gov.au).


Check under the heading 'Disposal within 2 years'. The info states:


It does not matter whether you used the property as your main residence or to produce income during the 2-year period.


As long as it's sold within 2 years, you can earn rent from it.

KylieATO(Community Support)Community Support
19 Mar 2024

Thanks @iheartrefunds for that great info you are spot on!


@nicoleg, check out the link that iheartrefunds has included, there is some additional information on extensions to the 2 year period - just in case you need it.


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Capital Gains Tax on inherited property | ATO Community