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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051633426028

Date of advice: 6 February 2020

Ruling

Subject: Capital Gains Tax - Main residence exemption

Question

Are you entitled to the main residence exemption?

Answer

Yes.

Based on the information provided to us, the Commissioner is satisfied that the property meets the definition of a dwelling for capital gains purposes.

This ruling applies for the following period:

Year ending 30 June 2020

The scheme commenced on:

1 July 2019

Relevant facts and circumstances

You purchased a property.

This property was zoned commercial.

You lived in this property as your main residence for the whole of your ownership period.

You never ran a business from this property or used it to produce assessable income.

The property was renovated prior to you moving in.

You moved in as soon as practicable after you purchased the property.

You sold the property in 2020 income year.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 118-100

Income Tax Assessment Act 1997 Section 118-115