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  1. Paul@PFI

    defining your PPOR main residence for CGT

    http://www.osr.nsw.gov.au/info/legislation/rulings/land/lt082v2 For land tax you cannot "nominate" land. Its a fact based outcome in most instances. If both are taxable / PPOR use then you can nominate the higher value IP. (ie Home + Beach House) CGT allows a choice. Land tax may not.
  2. Paul@PFI

    defining your PPOR main residence for CGT

    State land tax rules use different conditions and are independent of Commonwealth Tax law. Sometimes they do meet. For example a CGT event can also trigger stamp duty. (Stamp duty rules adopt the view that some CGT events are a trigger point). So it gets further complicated by making all three...
  3. Paul@PFI

    defining your PPOR main residence for CGT

    1. The 6 year MRE is not applicable in this circumstance to cover the period 2005-2010. However a election may be made to treat A as the MR for that period provided that there is no MR claim during the same period (2005-2010) on property B by the same owner. The MR exemption can be split be two...
  4. Paul@PFI

    defining your PPOR main residence for CGT

    Not quite but sort of. If both satisfy the MRE they can choose which uses the exemption. They individually and jointly must do this and they do this by using a method to calculate the CGT (if any) basis on sale of the first property. Also remember that land tax interacts. Wife cant claim...
  5. Paul@PFI

    defining your PPOR main residence for CGT

    The six year rule is a specific rule which applies to a property that actually hasn't been a PPOR for the whole period but can still however satisfy the exemption during the absence. Its called the absence rule for a reason. It doesn't allow overlap. The question posted concerns how a person...
  6. Paul@PFI

    defining your PPOR main residence for CGT

    a) Yes b) Yes... Also don't fall for the mistake of ignoring your partner too. Just because they don't own any of either property doesn't mean its 100% exempt based on you alone. The non-owner spouse also has to be involved.. Ditto if its same sex partners. Spouse no longer is concerned...
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