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Edited version of your written advice
Authorisation Number: 1051244267353
Date of advice: 30 June 2016
Ruling
Subject: Main residence exemption
Question 1
Are you able to apply the absence rule for the period you were not living in your main residence and get the main residence exemption?
Answer
Yes.
This ruling applies for the following periods:
Year ended 30 June 2014
Year ended 30 June 2015
Year ended 30 June 2016
Year ended 30 June 2017
The scheme commences on:
1 July 2014
Relevant facts and circumstances
You purchased a property and moved into it as your principal place of residence.
You subsequently moved out of the property and rented it out.
After you moved out of the property you continued to treat it as your main residence.
You rented the property for less than six years.
You have now sold the property.
Relevant legislative provisions
Income Tax Assessment Act 1997 Subdivision 118-B
Income Tax Assessment Act 1997 Section 118-110
Income Tax Assessment Act 1997 Section 118-145
Reasons for decision
Main residence exemption
The main residence exemption under subdivision 118-B of the ITAA 1997 may allow a taxpayer to disregard all or part of any capital gain or capital loss they made from a CGT event that happens to their ownership interest in a dwelling where the dwelling was their main residence.
The main residence exemption allows the capital gain or loss from the disposal of a dwelling to be disregarded for CGT purposes if the taxpayer is an individual, the dwelling was the taxpayers main residence throughout the ownership period and the interest did not pass to the taxpayer as a beneficiary in, or as the trustee of, the estate of a deceased person.
However, subject to the absence rule, a taxpayer will only get a partial exemption for a CGT event that happens in relation to their ownership interest in a property if the dwelling was their main residence for only part of their ownership period.
The absence rule
The absence rule allows a taxpayer to choose to treat a dwelling as their main residence even though they no longer live in it. A taxpayer cannot make this choice for a period before a dwelling first becomes their main residence.
This choice needs to be made only for the income year that the CGT event happens to the dwelling for example, the year that a taxpayer enters into a contract to sell it.
If a taxpayer owns both a dwelling that they can choose to treat as their main residence after they no longer live in it, and a dwelling they actually lived in during that period of time then they make the choice for the income year they enter into the contract to sell the first of those two dwellings.
If a taxpayer makes this choice, they cannot treat any other dwelling as their main residence for that period.
Dwelling used to produce income
If a taxpayer does not use their dwelling to produce income, for example, it is left vacant or used as a holiday home then they can treat the dwelling as their main residence for an unlimited period after they stop living in it.
If a taxpayer does use their dwelling to produce income, for example, they rent it out or it is available for rent, they can choose to treat it as their main residence for up to six years after they stop living in it.
In your case, you purchased a property that became your main residence. You then rented the property out before selling. You rented the property for less than six years and continued to treat the property as your main residence after you moved out. You are therefore able to apply the absence rule and get a full main residence exemption.