Life Interests Testamentary Trusts


When selling your home, capital gains tax does not generally apply; this is commonly referred to as the main residence exemption. This exemption extends to the land surrounding the dwelling to a maximum of two hectares, so long as the land is not used for income producing purposes. But what happens if you live on more than two hectares? Let’s look at Maria’s situation: 

Maria lives just out of Woodend on 20 hectares which is used entirely for private purposes. She decides to downsize and makes a net gain on the sale of the property. Maria can get the main residence exemption for the house and any two hectares of land she selects out of the 20 hectares. 

Maria obtains a valuation which states that the dwelling and two hectares of land that she has selected were worth two-thirds of the total value of the property at the time she bought it, and this has not changed since purchase. Therefore she can claim the main residence exemption on two-thirds of the capital gain from the sale of her home. 

Maria will be liable to pay capital gains tax on the remaining one third of the net gain at her marginal tax rate. If she held the property for over twelve months she is able to access the 50% discount to reduce the amount she has to pay tax on.

Please contact Andrew Marshall or Janine Orpwood at Langley McKimmie Chartered Accountants on (03) 5427 8100 to discuss further.

We provide accounting and wealth management services to clients in WoodendGisborne and Macedon Ranges areas within Victoria Australia. 

The content within these articles was correct at the time of writing. Please contact us for updated information and advice. 

We provide accounting and wealth management services to clients in Woodend, Gisborne and Macedon Ranges areas within Victoria Australia.

blog archive

Recent Posts