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Can we claim a Primary Residence Exemption for a property owned by a Trust?

The main residence exemption under the CGT rules cannot generally apply to properties owned by a trust
The main residence exemption can generally only apply when the dwelling is owned by an individual – refer to section 118-110 ITAA 1997. There are some very limited exceptions to this including:

  • Where the property is held by a special disability trust.
  • Where the property was owned by an individual just before they died and is now held in a deceased estate or testamentary trust, there are some special rules which
    can potentially enable the main residence exemption to apply; or
  • Where the occupier of the property is absolutely entitled to the property as against the trustee.