CPA Main Residence Exemption - Absences - YouTube

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common sticking point when it comes to
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the main residence exemption relates to
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choosing to treat a dwelling that was a
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taxpayer's main residence as continuing
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to be their main dwelling during an
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absence in accordance with section 118 -
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145 Nick is an IT software analyst
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working in Melbourne and has received a
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promotion that requires him to move to
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Sydney nick has lived in his unit in an
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inner Melbourne suburb for three years
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and this is his main residence upon
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moving to Sydney Nick rents an apartment
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close to his new office and rents out
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his Melbourne unit for five years his
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unit is then occupied rent-free by his
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sister for a further four years before
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Nick decides to sell it and purchase a
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property in Sydney during the nine year
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period of absence from his main
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residence nick has not claimed any other
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dwelling as his main residence what we
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need to consider is whether next absence
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period has exceeded six years whilst
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earning assessable income on the main
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residence so Nick only received
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assessable rental income for a five-year
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period as his sister did not pay rent
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therefore the unit is still deemed to be
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his exempt main residence as the absence
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period whilst earning assessable income
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does not exceed six years consequently
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he may disregard any capital gain or
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loss on disposal now let's consider what
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would happen if after the five year
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period Nick instead returned and Reid
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occupied his Melbourne dwelling as his
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main residence but then left again to
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relocate to Adelaide for work if Nick
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rents out his unit for the four years
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while he's in Adelaide and then decides
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to sell he can still claim the absence
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exemption this is because the exemption
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for a six-year period whilst earning
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assessable income resets when Nick
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returns to live in his main residence
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and of course the exemption period
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remains indefinitely if the residence is
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not used to earn income that
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if Nick's sister was to stay there
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rent-free Fiona
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acquired a dwelling in Melbourne on the
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1st of May 2000 which he initially
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rented it out but then occupied as her
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main residence after one year on the 1st
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of May 2001 on the 1st of May 2005 she
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moves to Perth she rents out her
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Melbourne dwelling and buys a new
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dwelling in Perth on the 30th of April
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2016 she sells her Melbourne dwelling
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Fiona can elect to treat her Melbourne
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dwelling as her main residence
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throughout her absence so long as she
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does not claim her Perth dwelling at the
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same time Fiona will evidence her choice
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by the way she completes her tax return
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for the year of disposal so she elects
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for her Melbourne dwelling to be her
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main residence until its sale then she
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calculates her net capital gain by
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treating the first six years of absence
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as exempt the proportion of the capital
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gain or loss that is disregarded is
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based on the number of days the
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Melbourne dwelling was used or deemed as
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her main residence so the exempt days
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are from the 1st of May 2001 to the 30th
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of April 2011 noting that the 30th of
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April 2011 is 6 years after she moved
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out on the 1st of May 2005 and started
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earning assessable income on the
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property so the actual main residence
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days are 1416 the deemed main residence
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days of the first six years Fiona was
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absent which is 2191 days the total
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ownership period is from the 1st of May
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2000 to the 30th of April 2016 when
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Fiona sold the property this is five
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thousand eight hundred and forty three
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days so the proportion of the capital
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gain disregarded is worked out by
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dividing the total exempt days of 3651
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by the total ownership period this is
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0.625 or sixty two point five percent
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and therefore sixty two point five
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percent of any capital
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gang or loss will be disregarded