All Topics / Legal & Accounting / When is capital gains tax applicable?

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  • Profile photo of bens0nbens0n
    Participant
    @bens0n
    Join Date: 2014
    Post Count: 3

    I currently own two properties in NSW. The first of which I lived in for 2 years, it has since been rented for the past 13 months. I recently bought a new property and plan to live in it for the foreseeable future. Can I claim my first property as my primary residence to avoid paying Capital Gains tax if I sell within 6 years of moving out even though I am living in my new (second) property? thanks

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404

    Assuming you nominated your first property as your PPOR you can use the 6 year rule and not pay CGT (assuming you do not claim the other as your PPOR). You can only claim one PPOR at a time. But you will have to pay CGT on the second property even though you are living in it. You also cannot claim rates etc on the second property while you are living in it.

    Profile photo of bens0nbens0n
    Participant
    @bens0n
    Join Date: 2014
    Post Count: 3

    So assuming I claim my first property as PPOR and then sell within 6 years I will avoid paying CGT. Could I then claim my new property as PPOR after the first one is sold and avoid paying CGT on that as well?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    So assuming I claim my first property as PPOR and then sell within 6 years I will avoid paying CGT. Could I then claim my new property as PPOR after the first one is sold and avoid paying CGT on that as well?

    Not for any overlapping time.
    but if you sell the first within 6 months of buying the second you may be able to claim the exemption on both.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 4 posts - 1 through 4 (of 4 total)

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