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Rob6nW(Initiate)Initiate
9 Sept 2024

I have asked a question previously regarding the 6 yr rule. Essentially I brought my home in 2009, moved into my partners property in 2017 and rented out. From further reading, I don’t believe I would be eligible for the 6 yr rule when selling my house, even though I dont co-own my partner’s house, as I have had tax deductions against his house for my small online business expenses for a number of years and therefore it could be construed as my main residence. Does that sound right?


Anyway, I am selling my house, and will have around $300K to put into Super. I am 60 yrs old and understand that any contributions I make into super will not be accessible until I stop work or reach 65. According to the ATO I have concessional contributions of $112K available from previous 5 yrs and $120K in non concessional contributions which I can bring forward to $360K. I understand that I can make a concessional contribution to super from the sale of the house even though it has been taxed and will be taxed again at 15%. I assume it would be considered income and if I didnt put it into super I would be taxed at 30 odd %? I could then put some as a non concessional contribution. I understand if I make a concessional contribution I would have to claim a deduction on my tax and it would reduce my CGT? Does this make it a better option than putting it all into super as a non-concessional contribution?


This stuff is doing my head in :(

2,249 views
6 replies
2,249 views
6 replies

Most helpful response

Most helpful reply

Taxduck(Taxicorn)Taxicorn
9 Sept 2024

Yes, there will be a CGT liability on one of the properties. As a couple you can only have one main residence exempt from CGT.

See this link

Living separately to your spouse or children | Australian Taxation Office (ato.gov.au)

Working it all out will be quite complex. Engaging a tax agent experienced in CGT and property is advisable.

Certainly good tax planning can reduce a tax liability on any gain, such as personal super contributions claimed as a deduction.

Personal super contributions | Australian Taxation Office (ato.gov.au)

All replies

Most helpful reply

Taxduck(Taxicorn)Taxicorn
9 Sept 2024

Yes, there will be a CGT liability on one of the properties. As a couple you can only have one main residence exempt from CGT.

See this link

Living separately to your spouse or children | Australian Taxation Office (ato.gov.au)

Working it all out will be quite complex. Engaging a tax agent experienced in CGT and property is advisable.

Certainly good tax planning can reduce a tax liability on any gain, such as personal super contributions claimed as a deduction.

Personal super contributions | Australian Taxation Office (ato.gov.au)

Rob6nW(Initiate)Initiate
9 Sept 2024

Thank you for your response Taxduck. I am living with my partner (husband) at his property. I lived in my place for 8 years and then rented out my place after moving in with him. I assume since you can only have one main property, that where I live now is it i.e. I have no intention to return to my property that I have rented. I will hopefully get an answer from my accountant, but she is pretty slow on the uptake and I will need answers on what to do with the money when my property sells, as I was keeping that for my retirement, but tenants lack of care made me decide to sell earlier than anticipated.

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CGT and Super from selling rental property | ATO Community