Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p36
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 36/54)
Character Range: 1179510–1182084

building.
Note 1: CGT event F2 results in a lease with a term of 50 years or more being treated for CGT purposes more like an outright disposal.
Note 2: Subsection 43‑50(3) treats you as not being the owner of capital works that are the subject of such a lease.

Rules about hotel or apartment complexes
 (4) A group of buildings that constitutes a complex of buildings is taken to be one *hotel building or *apartment building, and none of the buildings in the group is taken to be a separate building.
 (5) The construction of a *hotel building or *apartment building is taken to be an extension of another building if, after completion of the construction, those buildings are taken to be one building under subsection (4).
Note: Subsections (4) and (5) ensure that a hotel or apartment building that provides short‑term traveller accommodation in detached buildings will be treated as a single building so that the 10 hotel room/apartment test is applied to the complex as a whole. It also has the effect that the complex as a whole must be completed before there can be a construction expenditure area.

Rules about facilities not commonly provided in Australia
 (6) If a *hotel building contains a facility of a kind that is not commonly provided in a hotel, motel or guest house in Australia, the facility is taken not to be used or for use to operate a hotel, motel or guest house.
 (7) If an *apartment building contains a facility of a kind that is not commonly provided in a hotel, motel or guest house in Australia, the facility is taken not to be a facility for use in association with providing short‑term accommodation for travellers in apartments, units or flats.
Note: Subsections (6) and (7) exclude areas such as casinos from the construction expenditure area of a hotel building or apartment building.

43‑185  Residential or display use
 (1) A building, other than a *hotel building or an *apartment building, or an extension, alteration or improvement to such a building, begun after 19 July 1982 and before 18 July 1985 is taken not to be used for the *purpose of producing assessable income or exempt income if it is used or for use wholly or mainly for exhibition or display in connection with:
 (a) the sale of all or part of any building; or
 (b) the lease of all or part of any building for use wholly or mainly for or in association with residential accommodation.
Note: Subsection (1) affects time period 2 in Table 43‑90 and time period 3 in Table 43‑140.
 (2) A building, other than a *hotel building or an *apartment building, begun after 19