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10 Oct 2024

Hi,

 

I am seeking to clarify the 6-year rule and treating a former residence as a main residence for CGT purposes when we have multiple properties.

 

We have an accountant, and the advice has been that to be eligible to claim the CGT exemption under the 6-year rule, we must not establish a new residence during the period (i.e. cannot purchase another property - renting is fine). My understanding based on previous threads here, and the 'Treating former home as main residence' page is that this advice is not correct, we can purchase additional properties that we live in, however only nominate 1 property at a time as our main residence.

 

It would be great if anyone could please clarify my understanding to assist my conversation with my accountant.

 

Further details are below.

 

  • My wife and I purchased a townhouse in City A in 2014 (Property A) we live in this property as our PPOR.
  • In 2016 my wife was sent to City B for her training, we decided to purchase another property (Property B) and both moved to this house and rented out Property A.
  • In 2020 once her training was finished, we decided to move back to City A, but instead of moving back to Property A, we purchased our current PPOR (Property C).
  • In 2023 we decided to sell Property A.

 

We do not intend on selling Property B for a very long time, and potentially never intend to sell Property C.

 

We would like to claim the CGT exemption for the period of 2016 to 2020 on Property A. We understand that this means we cannot claim this period on any other property (i.e. there will be no exemption at all on Property B).

 

Would it be possible to please let me know if my understanding of the 6-year rule is correct, and if we can claim a portion of it on Property A? Noting that we purchased two other properties in this period and we lived in all 3.

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2,525 views
4 replies

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Taxduck(Taxicorn)Taxicorn
10 Oct 2024

Your understanding is correct. To be eligible to use the 6-year rule there are only 2 requirements.

The dwelling must be your main residence first and you must have moved out. Link explains eligibility.

Treating former home as main residence | Australian Taxation Office (ato.gov.au)

Example of James in above link explains ending the period of 6 years early by choice.

10 Oct 2024

Thanks so much. Just to clarify, the example with James has him renting during the time in which he is claiming the exemption and him cutting it short once he purchases a new home.


In our example, we purchased another property rather than rent. Confirming this doesnt matter and rather it's just up to us to select one property at any given time to be treated as our main residence for CGT purposes?


Thanks again.

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6-year rule clarification with multiple properties during period | ATO Community