Disclaimer
This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your written advice

Authorisation Number: 1051374449323

Date of advice: 22 May 2018

Ruling

Subject: The main residence exemption

Question

Are you entitled to a full main residence exemption on your property?

Answer

Yes.

Having considered your circumstances and the relevant factors the Commissioner has determined that full main residence exemption would apply under sections 118-110 and 118-145 of the ITAA 1997. Further information on the main residence exemption and absences can be found on our website ato.gov.au and entering Quick Code QC 52189 into the search bar at the top right of the page.

This ruling applies for the following periods:

Year ending 30 June 201X

The scheme commences on:

1 July 201X

Relevant facts and circumstances

In 19XX you purchased a property in Country A.

You moved in straight away.

At the time of purchasing the property you were residents of Country A.

In early 20YY you became residents of Australia for tax purposes.

You have continued to reside in Australia.

You purchased a property in Australia.

You moved in straight away.

You continued to treat your property in Country A as your main residence.

For the time you have been living in Australia the Country A property has either been vacant or it has been occupied by relatives.

You have never charged you relatives rent to stay in the Country A property.

You have paid all expenses associated with the Country A property.

You recently put the Country A property on the market and anticipate it will be sold soon.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 118-110

Income Tax Assessment Act 1997 Section 118-145