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Edited version of private advice
Authorisation Number: 1052105328507
Date of advice: 14 April 2023
Ruling
Subject: CGT - main residence exemption
Question
Are you entitled to the main residence exemption to disregard any capital gain made on your share of the sale of the property?
Answer
Yes.
Based on the facts provided to the Commissioner you are able to disregard any capital gains tax made on the sale of the property, using the main residence exemption.
A capital gain or capital loss you make from a CGT event that happens to your main residence is disregarded if it has been your main residence for the whole of your ownership period and you did not use the property for gaining or producing income.
The property has not been used to derive income since you and your sibling inherited the property.
This ruling applies for the following period:
Year ending 30 June 20XX
The scheme commenced on:
1 July 20XX
Relevant facts and circumstances
The property was purchased by your parents several decades ago.
The property was your parent's main residence until they moved and rented the property out several years later.
The property was rented for several years.
Your parents separated and title was transferred to one of your parents as part of the separation settlement.
You and your sibling along with your parent moved back into the property after the rental period.
Your parent passed away a few years later.
As part of their estate, you and your sibling were left the property and it could be transferred when you both turned the required age.
The property was transferred to you and your sibling several years later as tenants in common.
After your parent's death you and your sibling moved in with your other parent and the property was rented for a few years.
You and your sibling along with your parent moved back into the property and you have lived there using the property as your main residence up until the present day.
You have been living interstate and overseas for a number of years.
You have not treated any other property as your main residence.
You elect to use the absence rule to treat the property as your main residence in your absence.
You have maintained a bedroom at the property, and it is available to you at all times.
You keep your possessions at the property.
You return to the property on a regular basis.
You contribute to the expenses associated with the property.
Your parent and sibling remain living in the property.
You and your sibling intend on selling the property.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 118-195/p>
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