Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 118.240

What the following provisions are about

You can ignore a capital gain or capital loss you make from a compulsory acquisition (or similar arrangement) that happens only to land that is adjacent to:

  (a)   a dwelling that is your main residence; or

  (b)   a dwelling that passed to you as a beneficiary, or trustee, of a deceased estate;

to the extent that the land was used primarily for private or domestic purposes in association with the dwelling.

There is a limit on the maximum area of land covered by the exemption.

Note 1:   The exemption may not apply in full if the dwelling:

(a)   was not always a main residence; or

(b)   was used for the purpose of producing assessable income.

Note 2:   The exemption may not apply at all if you are a foreign resident.


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