Notice of Withdrawal
CGT Determination Number 51 (TD 51) explains some of the factors that the Commissioner considers are relevant to determining whether a dwelling is an individual's principal residence for the purposes of the CGT exemption.
TD 51 was issued prior to 1 July 1992 and is therefore not a public ruling for the purposes of Division 358 of the Taxation Administration Act 1953 .
Subsequent to publication of TD 51, the matters with which it deals have been considered by the Administrative Appeals Tribunal in a number of cases. The decisions in those cases are consistent with the views expressed in the Determination. They include: • Case 26/93 93 ATC 320 at page 322; AAT Case 8769 (1993) 26 ATR 1051 at paragraph 11 - 'the Tribunal accepts as relevant, though not exhaustive, the considerations listed in the Determination'; and • Couch & Anor v. FC of T 2009 ATC 10-072; [2009] AATA 41 at paragraph 14 - the Tribunal is of the opinion that something that is only an intention by a taxpayer to occupy a property as a main residence is insufficient to give rise to the exemption in s 118-110'.
In addition, the factors listed in the Determination are included in the current Guide to Capital Gains Tax 2008-09 (NAT 4151-6-2009) which is a source of the Commissioner's view.
Accordingly this Determination is no longer required and is withdrawn.