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Edited version of private advice
Authorisation Number: 1052381550263
Date of advice: 4 April 2025
Ruling
Subject: CGT - disposal of dwelling
Question
Will any capital gain or capital loss made on the disposal of the pre-Capital Gains Tax (pre-CGT) dwelling be disregarded?
Answer
Yes, A capital gain or capital loss you make can be disregarded when you dispose of your interest in an asset if you acquired the asset before 20 September 1985.
In your case you purchased your interest in the dwellings in XXX and XXX and when you sell your interest in the dwelling's, you will be able to fully disregard any capital gain or capital loss that may occur.
This ruling applies for the following period
30 June XXXX
The scheme commenced on:
1 July XXXX
Relevant facts and circumstances
XXXXX (taxpayer) was born in XXXX on XX May XXXX.
The taxpayer is a citizen of XXXX.
The taxpayer ordinarily resides in XXXX.
At all relevant times, the taxpayer was a non-resident for Australian income-tax purpose.
The property known as XXXX XXXX Road is situated in the suburb of XXXX and comprises XXX titles, XXXX on the title plan XXXX and XXXX on title plan XXXXX.
You acquired the property on XX XXXX XXX.
When the property was purchased by the taxpayer, the house as is currently standing had already been constructed.
The property known as XXX XXXX is situated in the suburb of XXXX and comprises XXX titles, XXXX) and XXXX on registered plan XXXXX.
You acquired the property on XXX XXXXX XXX.
When the property was purchased by the taxpayer, the apartment complex as is currently standing had already been constructed.
The property known as XXX XXXXX comprises an apartment unit and a carpark which is within an apartment complex situated at the XXXXX, XXXXX.
The property comprises of two titles XXXX and XXXX on registered plan XXXX.
You acquired the property on XXX XXXX XXXX.
When the property was purchased by the Taxpayer, the apartment complex as is currently standing had already been constructed.
The property known as XX XXXXX is situated in the suburb of XXXX and comprises XXXX, XXXXX on lodged plan XXXXX.
You acquired the property on XX XXXX XXXXX.
When the property was purchased by the Taxpayer, the apartment complex as is currently standing had already been constructed.
The property known as XXXX XXXX comprises all the titles making up an apartment complex situated at XXXXX
The property comprises the following titles: XXXX XXXXX on registered plan XXXX.
You acquired the property (inclusive of all titles) on XXXX XXXX.
When the property was purchased by the Taxpayer, the apartment complex as is currently standing had already been constructed.
You have advised us that no renovation or capital improvements were undertaken in relation to the XXXXX properties during the respective ownership periods.
You have stated indicative repairs and maintenance carried out in relation to the properties during the review period are as follows:
Regular check up on appliances such as hot water systems.
Electricity safety audits.
Replacement of lights and fittings.
Minor repairs to cupboards and cabinetry including refitting of doorknob.
Refitting of bathroom accessories such as towel racks.
Plumbing maintenance such as repair of leaking taps and toilet cistern.
Regular replacement of smoke detectors.
Relevant legislative provisions
Income Tax Assessment Act 1997 Div 149-10
Income Tax Assessment Act 1997 section 104-10(5)