CGT&Depreciation Add back Issue

KKei

如果我只有一套房子.但是因为工作relocate到其他州租房子.然后把那套房租出租.每年退税的时候都claim depreciation.

那当我卖这唯一的一套房的时候(within 6 year period), 会不会有CGT?

我知道6year rule 用于判断不是用来计算的.

按照6year rule来说, 我卖这房子这是我唯一的property and can claim as principle residential place. 那这房子是CGT free的. 那我之前claim the depreciation 起不是白赚进了么 in terms of reduced taxable income ? 没有CGT就不用add back

在线持分赐教. 谢谢

jeff_lawsons

Assume the property is your PPR. If you do not use it to produce income, you can treat it as your main residence for an unlimited period after you cease living in it. If you do use it to produce income, you can choose to treat is as you main residence while you use it for that purpose for up to six years after you cease living in it.

The CGT main residence exemption allows you to disregard any capital gain or loss that arises due to a CGT event happening to a dwelling that was your main residence throughout your ownership period. Section 118-145 of the ITAA 1997 allows you to continue to claim the exemption for up to six years if you rent the property out. This does not, however, limit your ability to claim a deduction for any expenses incurred in gaining or producing your assessable income.

Therefore, you are still able to claim a deduction for depreciation or interest expenses incurred during the period your house was available for rent, despite the fact that you are still claiming the main residence exemption under section 118-145 of the ITAA 1997.