Taxation Determination TD 92/172







This Determination, to the extent that it is capable of being a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953, is a public ruling for the purposes of that Part. Taxation Ruling TR 92/1 explains when a Determination is a public ruling and how it is binding on the Commissioner. Unless otherwise stated, this Determination applies to years commencing both before and after its date of issue.: [ Note: This is a consolidated version of this document. Refer to the Tax Office Legal Database (http://law.ato.gov.au) to check its currency and to view the details of all changes.] | 1. No. Subsection 118-170(1) of the Income Tax Assessment Act 1997 (ITAA 1997) [1] does not require that the dwellings be post-CGT assets. The subsection merely requires that each spouse has a separate dwelling which is his or her main residence. | Example: 2. A husband and wife jointly own both a pre-CGT house (occupied by the wife) and a post-CGT house (occupied by the husband). The husband and wife can choose the post-CGT house as their main residence under paragraph 118-170(1)(a). | 3. Note: in this case, the spouses are not living separately and apart on a permanent basis (subsection 118-170(1)). | Commissioner of Taxation 22/10/92 | Footnotes: Previously Draft TD 92/D149


Related rulings: TD92174
Legislative references: ITAA 1997 118-170(1) ITAA 1997 118-170(1)(a)
Subject references: CGT main residence exemption interests in dwelling