Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p18
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 18/29)
Character Range: 2242735–2245299

even though you comply with this section if the dwelling was used for the purpose of producing assessable income: see section 118‑190.
Note 2: There is a separate rule for beneficiaries and trustees of deceased estates: see section 118‑195.
Note 3: There is a separate rule for a CGT event that is a compulsory acquisition (or similar arrangement) happening to adjacent land but not also to the dwelling itself: see section 118‑245.
 (2) Only these *CGT events are relevant:
 (a) CGT events A1, B1, C1, C2, E1, E2, F2, K3, K4 and K6 (except one involving the forfeiting of a deposit); and
 (b) a CGT event that involves the forfeiting of a deposit as part of an uninterrupted sequence of transactions ending in one of the events specified in paragraph (a) subsequently happening.
Note: The full list of CGT events is in section 104‑5.
 (3) However, this section does not apply if, at the time the *CGT event happens, you:
 (a) are an *excluded foreign resident; or
 (b) are a foreign resident who does not satisfy the *life events test.
 (4) You are an excluded foreign resident, at a particular time, if:
 (a) you are a foreign resident at that time; and
 (b) the continuous period ending at that time for which you have been a foreign resident is more than 6 years.
 (5) You satisfy the life events test, at the time a *CGT event happens, if:
 (a) the continuous period ending at that time for which you have been a foreign resident is 6 years or less; and
 (b) you are covered by any of the following subparagraphs:
 (i) you or your *spouse has had a *terminal medical condition that existed at any time during that period of foreign residency;
 (ii) your *child has had a terminal medical condition that existed at any time during that period of foreign residency, and that child was under 18 years of age at at least one such time;
 (iii) your spouse, or your child who was under 18 years of age at death, has died during that period of foreign residency;
 (iv) the CGT event happens because of a matter referred to in a paragraph of subsection 126‑5(1) involving you and your spouse (or former spouse).

118‑115  Meaning of dwelling
 (1) A dwelling includes:
 (a) a unit of accommodation that:
 (i) is a building or is contained in a building; and
 (ii) consists wholly or mainly of residential accommodation; and
 (b) a unit of accommodation that is a caravan, houseboat or other mobile home; and
 (c) any land immediately under the unit of accommodation.
 (2) However, except as provided in section 118‑120, a dwelling does not include any land adjacent to