Special rules

If you acquired the property you have given away or sold before 20 September 1985, capital gains tax does not generally apply.

If you acquired the property on or after 20 September 1985, you may be entitled to a full or partial exemption from capital gains tax if the property was your main residence for all or part of the period you owned it. The Capital gains tax property exemption tool can help you decide whether you can claim the main residence exemption.

If you transferred real estate to your former spouse on the breakdown of your marriage or relationship, the rules above may not apply – see Marriage or relationship breakdown and transferring of assets.

If you transfer real estate to the trustee of a Special Disability Trust for no consideration any capital gain or capital loss is disregarded.

See also:

For help applying this to your own situation, phone 13 28 61.

    Last modified: 17 Feb 2016QC 18291