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Principal place of residence

What is the principal place of residence exemption?

You can claim the principal place of residence exemption for land, including strata lots, that is used and occupied as your principal place of residence (your home). The area or land value of the property does not affect whether you qualify for the exemption or not.

A family, including dependents under 18 years, can only claim the principal place of residence concession for one property.

If there is more than one owner for the land, at least one owner must use and occupy the property as their principal place of residence.

Eligibility

To be eligible for this exemption you must:

  • have continuously used and occupied the land since 1 July of the year prior to the current land tax year (eg. for 2005, you must have occupied the land since 1 July 2004).

Note: If the property is not occupied until after 1 July, the Chief Commissioner may grant an exemption if he is satisfied that the property is used and occupied as your principal place of residence

  • have used the land for residential purposes.

Note: if you have used the land for incidental business purposes, eg, if one room is used as a home office or workshop, if the business is primarily conducted at a place outside of your land, you can still claim the exemption

  • not have used any other land as your principal place of residence since the preceding 1 July, other than in the circumstances described in selling your principal place of residence

  • be a natural person, a beneficiary of a concessional trust, a life tenant, or a person with a right to reside under the terms of a will.

Your land is not exempt if:

  • the land is owned by a company or jointly with a company.

Note: if the land is owned by a 'trustee company' (within the meaning of the Trustee Company Act 1964 or the Public Trustee) acting in its representative capacity, or a company acting in its capacity as trustee of a concessional trust, the exemption will still apply

  • the owner/s of the land who use and occupy the land as a principal place of residence are an owner only by reason of being a trustee

  • the land is owned by a person who is a trustee acting in the person's capacity as trustee of a special trust

  • a family, including dependents under 18, owns the land and has received an exemption for another property as their principal place of residence.

Last updated: 09-May-2008
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