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Is Property A a dwelling that was your main residence from on or after XX XX 20XX for the purposes of Subdivision 118-B of the Income Tax Assessment Act 1997 (ITAA 1997)?

Yes. On the facts provided, you are eligible for Property A to be treated as your main residence under Subdivision 118-B of the ITAA 1997 from on or after XX XX 20XX. This ruling applies for the following period: Year ending 30 June 20YY The scheme commenced on: DD MM 20YY

In MM 20YY, you and your spouse purchased a property located at XXX XXX (the property) as joint tenants. You and your spouse obtained a variable home loan purchased for owner/occupied through a Bank. You obtained the first homeowner's grant. Your intention was to live in the property as your permanent place of residence. At the time you and your spouse were living in temporary employer provided accommodation, and due to work commitments, you could not physically move until MM 20YY. When you purchase the property, you had the utilities connected in your names, and you took out home and contents insurance. Between MM 20YY - MM 20YY the property was left vacant. On DD MM 20YY, you physically began to move your belongings and live in the property. On DD MM 20YY, you then returned to the location of your spouse's work to collect the remainder of your belongings, with the intention to return to your property. At this point you became extremely unwell. You could not return to your property for medical reasons. You were temporarily in your spouse's employer provided accommodation until MM 20YY. You then moved in with family so you could be supported and seek medical treatment.

Your intention was to return to the property once you were sufficiently better, however due to your medical condition this was not possible. You have provided a letter from your medical specialist to supports this. You and your spouse did not own any other properties. The property in was never rented out or used to produce income. When not living in the property, you and your spouse lived in temporary employer provided accommodation or with family, you never established any other residences as your main residence.

Income Tax Assessment Act 1997 section 118-100 Income Tax Assessment Act 1997 section 118-110 Income Tax Assessment Act 1997 section 118-135