Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p35
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 35/54)
Character Range: 1177166–1179719

for or in association with residential accommodation.
Note: This subsection affects Tables 43‑90 and 43‑140.

43‑175  Own use—hotel and apartment buildings
 (1) An entity is taken not to have used a bedroom in a *hotel building, or an apartment, unit or flat in an *apartment building, for the *purpose of producing assessable income at a time if, at that time, the bedroom, apartment, unit or flat is used, or reserved for use, by:
 (a) the entity; or
 (b) if the entity is a partnership—any of the partners in the partnership.
Note: This subsection affects Tables 43‑140 and 43‑145.
 (2) Also, an entity is taken not to use a bedroom in a *hotel building, or an apartment, unit or flat in an *apartment building for any purpose at a time if:
 (a) at that time, a *right to use or a right to occupy the bedroom, apartment, unit or flat was vested in the entity; and
 (b) that right was vested in the entity because the entity was, at that time, a member of a company, a beneficiary of a trust estate or a partner in a partnership.
Note: This subsection affects Tables 43‑90, 43‑140 and 43‑145.

43‑180  Special rules for hotel and apartment buildings

Rules about counting rooms or apartments etc.
 (1) A bedroom in a *hotel building, or an apartment, unit or flat in an *apartment building, is taken to be used or available for use wholly for short‑term accommodation for travellers in a period if it is used or available for use mainly for short‑term accommodation for travellers in that period.
Note: This subsection ensures that a limited period of non‑short‑term traveller accommodation use will be disregarded in counting the number of rooms provided the bedroom, apartment, unit or flat is used mainly for short‑term traveller accommodation.
 (2) For the purpose of counting the number of bedrooms in a *hotel building, if 2 or more rooms that are bedrooms or include a bedroom are for use together as a suite of rooms, the suite is taken to constitute one bedroom.
 (3) Despite subsection 43‑50(3) (which treats you as not being the owner of certain capital works), you can still count an apartment, unit or flat in relation to which CGT event F2 has happened in working out whether you own or lease at least 10 apartments, units or flats in an *apartment building if you own or lease at least one other apartment, unit or flat in the 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