Taxation Determination

TD 95/9W

Income tax: capital gains: if an election made for the purposes of subsection 160ZZQ(11) of the Income Tax Assessment Act 1936 covers more than one period of absence from a taxpayer's sole or principal residence (SPR), is the six year period referred to in subparagraph 160ZZQ(11)(d)(iii) available in relation to each period of absence?

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Notice of Withdrawal

Taxation Determination TD 95/9 is withdrawn with effect from today.

1. Taxation Determination TD 95/9 explains that in relation to each period of absence from a dwelling, a taxpayer can treat the dwelling as their main residence for a maximum of six years of income-producing use.

2. When subsection 160ZZQ(11) of the Income Tax Assessment Act 1936 was rewritten as section 118-145 of the Income Tax Assessment Act 1997 (ITAA 1997), the law was amended to make this clearer - see subsection 118-145(2) of the ITAA 1997.

3. Accordingly this Determination is no longer required and is withdrawn.

Commissioner of Taxation
19 May 2010

References

ATO references:
NO 2006/20258

Related Rulings/Determinations:

TD 51
TD 95/8

Subject References:
elections;
income producing use;
period of absence;
principle residence

Legislative References:
ITAA 160ZZQ(11);
ITAA 160ZZQ(11)(a)
ITAA 160ZZQ(11)(d)(iii);
ITAA 160ZZQ(11)(d)(iii)(A)
ITAA 160ZZQ(11A);