00:00The Six-Year Rule is an Australian Capital Gains Tax, CGT, provision under Section 118-145 of the
00:08Income Tax Assessment Act 1997. It allows a taxpayer to treat a former Maine residence
00:14as CGT-exempt for up to six years after moving out, provided the property is used to produce
00:20income, e.g. rented out, during that period. Key Mechanics
00:241. Income-producing absence If the property is rented, the exemption applies
00:30for a maximum of six years from the date you vacate. You can move back in temporarily and
00:35then move out again to reset a new six-year period. 2. Non-income-producing absence
00:40If the property is left vacant, not rented, no income earned, the exemption has no time limit
00:47and can apply indefinitely. 3. No other Maine residence claimed
00:51The exemption only applies if you don't nominate another property as your Maine residence during
00:56the absence. You can't claim two properties simultaneously. Context changes the outcome
01:01significantly. If you sell before the six years lapse, while renting, the gain is fully exempt.
01:07If you sell after six years in one day, CGT applies on a pro rata basis calculated from the day
01:13the six-year period ended, not from the original purchase date. Foreign residents for tax purposes
01:19generally cannot access this exemption at all following 2019-2020 legislative changes.
01:26This is a critical and often overlooked exception. Also note this rule is Australia-specific. The U.S.,
01:33U.K., and most other jurisdictions have entirely different principal residence exemption frameworks,
01:39e.g. the U.S. Section 121 exclusion has different thresholds and no absence concept.
01:45I'm not certain whether any 2024-2026 budget updates altered thresholds, so verify current
01:52status via the ATO before acting. Practical takeaway, track your move-out date precisely,
01:58confirm your residency status, and time any sale to fall within the six-year window if you're renting
02:03the property, or consult a registered tax agent before the exemption lapses. Finally, remember that
02:10everything we discussed today is for educational purposes only and does not constitute financial
02:15advice. Good luck to everyone and see you in the next video.
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