Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p26
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 26/29)
Character Range: 2261561–2264227

on or after 20 September 1985; and
 (c) there was a roll‑over under Subdivision 126‑A (marriage or relationship breakdown roll‑over) for the earlier event; and
 (d) a CGT event (the later event) happens in relation to the ownership interest.
 (2) This Subdivision applies to the later event in the way that it would if:
 (a) your *ownership interest had commenced when your former partner's ownership interest commenced (the acquisition time); and
 (b) from the acquisition time until the time your former partner's ownership interest ended:
 (i) you had used the *dwelling in the same way that your former partner used it; and
 (ii) the dwelling had been your main residence for the same number of days as it was your former partner's main residence.
Example 1: Peter (the transferor spouse) is the 100% owner of a dwelling that he uses only as a main residence before transferring it to Susan (the transferee spouse). Susan uses the dwelling only as a rental property.
 Susan will be eligible for a partial main residence exemption having regard to how both Peter and Susan used the dwelling if, at the time the dwelling is sold, Susan is an Australian resident.
Example 2: Caroline (the transferor spouse) is the 100% owner of a dwelling that she uses only as a rental property before transferring it to David (the transferee spouse). David uses the dwelling only as a main residence.
 David will be eligible for only a partial main residence exemption having regard to how both Caroline and David used the dwelling if, at the time the dwelling is sold, David is an Australian resident.

118‑180  Acquisition of dwelling from company or trust on marriage or relationship breakdown—roll‑over provision applying
 (1) This Subdivision applies to you as if you owned an *ownership interest in land or a dwelling during a period when it was actually owned by a company or trustee if:
 (a) you *acquired the interest from the company or trustee; and
 (b) it was acquired by the company or trustee on or after 20 September 1985; and
 (c) a roll‑over was available to the company or trustee under Subdivision 126‑A.
 (2) If subsection (1) applies to a *dwelling, it cannot be treated as your main residence during the period, despite other provisions of this Subdivision that would allow you to treat it as your main residence during the period.

Partial exemption rules

118‑185  Partial exemption where dwelling was your main residence during part only of ownership period
 (1) You get only a partial exemption for a *CGT event that happens in relation to a *dwelling or your *ownership interest in it if:
 (a) you are an individual; and
 (b) the dwelling was your main