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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your written advice

Authorisation Number: 1051441414216

Date of advice: 15 October 2018

Ruling

Subject: CGT discount

Question

Can the sale of your investment property qualify you for the 50% CGT discount?

Answer

Yes

This ruling applies for the following period:

Year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You purchased an investment property in October 20XX

You rented out this property until June 20XX

You demolished the dwelling July 20XX

You built a duplex on the property to live in as your main residence

The duplex was built September 20XX

The property was not suitable to use as your principle place of residence

You have not lived in the property

The property is to be sold

You did not enter into this transaction with the intention of running a business.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 102-20

Income Tax Assessment Act 1997 Section 104-20

Income Tax Assessment Act 1997 Section 108-55

Income Tax Assessment Act 1997 Section 112-30