Draft Taxation Determination
TD 1999/D43
Income tax: capital gains: is land under a unit of accommodation subject to the main residence exemption under Subdivision 118-B in Part 3-1 of the Income Tax Assessment Act 1997 if the taxpayer sells the unit of accommodation separately from the land?
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Please note that the PDF version is the authorised version of this draft ruling.This document has been finalised by TD 1999/73.
FOI status:
Not previously released in draft formPreamble
Draft Taxation Determinations (DTDs) present the preliminary, though considered, views of the Australian Taxation Office. DTDs should not be relied on; only final Taxation Determinations represent authoritative statements by the Australian Taxation Office. |
1. No. The land does not qualify for the main residence exemption.
2. Paragraph (c) of the definition of 'dwelling' in subsection 118-115(1) brings within the definition 'any land immediately under the unit of accommodation'. It only does so, however, while the land remains immediately under the unit of accommodation.
3. If a unit of accommodation is removed from land and the land is then sold, the land does not come within paragraph (c) of the definition of 'dwelling' in subsection 118-115(1). This applies to land under all types of units of accommodation.
4. Land under a unit of accommodation qualifies for the main residence exemption only if the land and the unit of accommodation are sold together as a dwelling.
Your comments
We invite you to comment on this Draft Taxation Determination. We are allowing 4 weeks for comments before we finalise the Determination. If you want your comments considered, please provide them to us within this period.
Comments by Date: | 25 August 1999 |
Contact officer details have been removed following publication of the final ruling. |
Commissioner of Taxation
28 July 1999
References
ATO references:
NO 99/10480-5
BO CGT main residence summit 1999
Subject References:
accommodation
capital gains
CGT exemptions
dwelling
land
main residence
unit of accommodation
Legislative References:
ITAA 1997 118-115(1)(c)
ITAA 1997 Subdivision 118-B