Hello ATO Community,
I've move into my property 2 years ago which use to be an investment property, I would like to understand if I decided to sell this property, will my tax position be consider as owner occupied property?
Background:
The property was purchase from 2016 and rent out since then.
I've move in from 2022.
Thank you very much for your help on this question.
Best Regards
Summer
Hi Max_Summer,
It is an owner occupied property, however it sounds like the question is about tax on sale of main residence.
If you never lived in the property from the day of settlement till 2022 after the tenants left, you will only have partial exemption on tax when you sell it. ATO guidance is here
If you owned any other properties at the same time, you will need to consider how it affects them as you only have one main residence at a time.
There may be further complications if you were not an Australian tax resident during the period of ownership
Hi Max_Summer,
It is an owner occupied property, however it sounds like the question is about tax on sale of main residence.
If you never lived in the property from the day of settlement till 2022 after the tenants left, you will only have partial exemption on tax when you sell it. ATO guidance is here
If you owned any other properties at the same time, you will need to consider how it affects them as you only have one main residence at a time.
There may be further complications if you were not an Australian tax resident during the period of ownership
15 Apr 2026 · 4 min read time
15 Apr 2026 · 8 min read time
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