Private ruling: Capital gains tax – main residence exemption
Date of advice: 19 September 2017
Published: February 2018
Ruling period: 30 June 2017
Date scheme commenced: 1 July 2016

Ruling: Q1: Are you entitled to apply the main residence exemption on the disposal of your property? | A1: Yes Having considered your circumstances and the relevant factors, you can fully disregard any capital gains tax under section 118-110 of the Income Tax Assessment Act 1997. Further information on ‘treating a dwelling as your main residence after you move out’ 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.

Relevant facts and circumstances: You purchased property in 20XX as your main residence and moved in as soon as practicable with relatives. You continued to live at this property until 20XX, when you than began working which required you to live in different locations around Australia. The accommodation that you lived in whilst employed, was owned by your employer. Your relatives remained at the property, and were responsible for the financial obligations. You did not use your property to produce assessable income nor did you treat any other dwelling as your main residence. You sold the property in April 20XX.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 104-10 | Income Tax Assessment Act 1997 section 118-10 The rulings in the register have been edited and may not contain all the factual details relevant to each decision. Do not use the register to predict ATO policy or decisions.