Income tax: capital gains: if an election made for the purposes of subsection 160ZZQ(11) of the Income Tax Assessment Act 1936 covers more than one period of absence, is the six year period referred to in subparagraph 160ZZQ(11)(d)(iii) available in relation to each period of absence?

Yes. The six year period is measured in relation to a 'cessation time' (sub-subparagraph 160ZZQ(11)(d)(iii)(A)). If a dwelling ceases to be a taxpayer's sole or principal residence (SPR) more than once during the period of ownership of the SPR, the maximum six year period of income producing use can apply in relation to each period of absence. It is not the case that all periods of income-producing use are aggregated to calculate the six year period.

If there are intermittent periods of income producing use during an absence, these periods are aggregated in calculating the six year period (subparagraph 160ZZQ(11)(d)(iii)).