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20 May 2025

I have a property which was sold with a contract date of Jun 2023.

I lived in the property from Aug 2002 to Dec 2004 I then rented the property.

I then Moved back in from Dec 2006 to August 2007 then moved out and rented the property again - never returning back in it and has been rented since.


I would like to get a retrospective valuation done on the property for the CGT Tax event - What date do I give to the valuer for a retrospective valuation?

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3 replies
456 views
3 replies

Most helpful response

Most helpful reply

NikkiATO(Community Moderator)Community Moderator
23 May 2025

Hi @Peasant,


Yes, based on what you've told us, the six-year rule can apply from when you first moved out in December 2004 - as long as you didn’t treat another property as your main residence during that time.


When you moved back in from December 2006 to August 2007, the main residence status would have restarted. This means you may be able to apply the six-year rule again from August 2007, when you moved out for the final time.


Just remember, the exemption only applies for up to six years each time you move out. And only if no other property is nominated as your main residence during those periods.


Thanks for your help with this one @YellowPotato!


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YellowPotato(Taxicorn)Taxicorn
20 May 2025

"You should get a market valuation of your home when you first start using it for rental or business, if this was after 20 August 1996."


You would apportion the CGT calculation for the days not covered by main residence exemption.


https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/property-and-capital-gains-tax/your-main-residence-home/using-your-home-for-rental-or-business#ato-MarketValuation

20 May 2025

The next line that gets me:


If you move out of your home and rent it out, you can continue treating your former home as your main residence for up to 6 years. However, you can’t claim a main residence exemption for any other property for the same period.


Another taxation article states:


The six-year rule allows you to treat an investment property as your main residence for CGT purposes for up to six years after you move out and start renting it. This can mean that you don’t have to pay CGT for that period, but there are some key conditions to be aware of.


  • For the rule to apply, the property must have first been your main residence before it was rented out. If you rented it out from the beginning, the six-year rule won’t apply.
  • You can’t claim more than one property as your main residence at the same time. So if you’re applying the six-year rule to one property, you can’t treat another as your main residence for that same period, unless you’re transitioning between properties and meet the partial exemption rules.

By that theory, I still treated it as my main residence for up to 6 years from 2004 as I didn't have any other properties, therefore, does the original rule still apply?

Most helpful reply

NikkiATO(Community Moderator)Community Moderator
23 May 2025

Hi @Peasant,


Yes, based on what you've told us, the six-year rule can apply from when you first moved out in December 2004 - as long as you didn’t treat another property as your main residence during that time.


When you moved back in from December 2006 to August 2007, the main residence status would have restarted. This means you may be able to apply the six-year rule again from August 2007, when you moved out for the final time.


Just remember, the exemption only applies for up to six years each time you move out. And only if no other property is nominated as your main residence during those periods.


Thanks for your help with this one @YellowPotato!


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What date do I give to my valuator for a retrospective valuation on my property for CGT? | ATO Community