
If you do not qualify for a full exemption from CGT (refer last month’s article), you may be entitled to a partial exemption. You calculate your capital gain or capital loss as follows:
capital gain or capital loss amount x non-main residence days
total days
“Non-main residence days”
(a) If the deceased purchased the dwelling before 20 September 1985, non-main residence days is the number of days in the period from their death until settlement of your contract for sale of the dwelling when it was the main residence of one of the following:
· a person who was the spouse of the deceased;
· an individual who had a right to occupy the dwelling under the deceased’s will; or
· you, as a beneficiary, if you disposed of the dwelling as a beneficiary.
(b) If the deceased purchased the dwelling on or after 20 September 1985, non-main residence days is the number of days calculated under (a) plus the number of days in the deceased’s period of ownership
“Total days”
(a) If the deceased acquired their ownership interest before 20 September 1985, total days is the number of days from their death until you disposed of your ownership interest.
(b) If the deceased purchased the ownership interest on or after 20 September 1985, total days is the number of days in the period from when the deceased purchased the dwelling until you disposed of your ownership interest.
The example below demonstrates how this rule applies:
Vicki purchased a house on 12 February 1995 and she used it solely as a rental property. When she died on 17 November 1998, the house became the main residence of her beneficiary, Lesley. Lesley sold the property on 27 November 2009.
As Vicki never used the property as her main residence, Lesley cannot claim a full exemption from CGT. However, as Lesley used the house as her main residence, she is entitled to a partial exemption from CGT.
Vicki owned the house for 1,375 days and Lesley then lived in the house for 4,029 days, a total of 5,404 days. Assuming Lesley made a capital gain of $100,000, the taxable portion is:
$100,000 x 1,375 = $25,444
5,404
Next month we will look at using a home you inherited to produce income.











































































































































































































































