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pascalblanquer(Initiate)Initiate
8 Aug 2025

@Taxduck


hello community

I have a question about CGT and the 6 year rule

i understand how it works but in my case when I bought my unit there was a tenant still on a lease - so I could not move in. But I did buy the unit in 2009 using the first home buyer grant of the time on the proviso it was not for investment and that I would move in within 12 months. Same the loan from the bank was for a live in unit

i moved in within 6 mo this of purchase as soon as I could and could comply with the first home buyer grant scheme of the time.


just checking whether there is an example of similar case or arguments that I can use the 6 year rule when I sell my unit as clearly it was intended as my principal residence


thank you

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3 replies
548 views
3 replies

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YellowPotato(Taxicorn)Taxicorn
8 Aug 2025

No MRE on the period it was rented out.


"If:

  • there is a delay moving in because of illness or other unforeseen circumstances – your home is still exempt, provided you move in as soon as the cause of the delay is removed (for example, when you recover from the illness)
  • you can't move in because the property is being rented to someone – the property doesn't become your main residence until you move in"

https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/property-and-capital-gains-tax/your-main-residence-home/moving-to-a-new-main-residence


I think you're misunderstanding how the former main residence rules work. The criteria is that it was your main residence, it doesn't necessarily mean it was your main residence the whole time. The 6 year rule starts when it stops being your main residence and you use the property to produce income; indefinite when not used to produce income.


The main residence requirement from the state generally isn't relevant to MRE on property.


Generally apply MRE to one eligible property at any given day. (apart from 6 month moving rule with certain conditions). If there's multiple eligible properties, you can pick which property gets the MRE - your choice is locked in by what you declare in tax return.

pascalblanquer(Initiate)Initiate
8 Aug 2025

@YellowPotato

thank you

i had the impression there was some sort of clause that it had to be your main residence from the start to be able to qualify for any principal residence exemption (partial) . I understand , I think how it works but I am not sure if I am allowed to do it because I had tenant Initially

i understand that while the tenants are there at the start I can’t apply the exemption but can I apply the exemption once I move in and it becomes my residence?




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CGT 6-year rule despite tenant first | ATO Community