TAX TIP #28: | MAIN RESIDENCE EXEMPTION | OWNING A HOME AND HOLIDAY HOUSE

Facts

Your client owns a house where they live and a holiday house.

They propose to sell the holiday house.

Question

Can your client choose to apply the CGT main residence exemption to the holiday house?

Answer

No.

Tax Tips

Section 118-110(1)(b) ITAA 1997 requires the dwelling is a main residence. The key word being main. The ordinary meaning of the word main is ‘chief, principal’.

The house that your client occupies as a home is their chief/principal residence, their main residence. The holiday house is not the main residence.

The holiday house cannot be a main residence if your client is living elsewhere, being in the home.

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