Imagine being offered a financial lifeline that allows you to pursue your career dreams, travel the world, or adapt to life’s unexpected twists—all without being penalised for moving away from your principal place of residence. Welcome to Australia’s six-year capital gains tax exemption, a tax provision that could save you thousands of dollars in unexpected tax bills.
Consider these real-life scenarios:
- You get a dream job in Singapore, but you aren’t ready to sell your Sydney apartment. Instead of losing the tax benefits of it being your main residence, the six-year rule allows you to rent out the property while maintaining your main residence CGT exemption.
- You want to travel for a year and rent out your first home instead of selling. The 6-year rule ensures you won’t be hit with a massive tax bill when you return.
These are just a couple of the situations in which the six-year CGT exemption could be a life-saver. Since the possibilities are just about endless, we thought it was about time we gave you a detailed guide to the six-year CGT exemption.
In this comprehensive guide, we’ll fill you in on:
- The exact mechanics of the 6-year rule
- Detailed eligibility criteria
- How to calculate potential tax implications
- Strategies to maximise your tax efficiency
- Common pitfalls to avoid
- Practical examples that bring the rule to life
Whether you’re a property investor, a professional in a mobile career, or simply someone planning for life’s uncertainties, this guide will equip you with the knowledge you need to make informed decisions about your most valuable asset—your home.
What Exactly is the 6-Year Rule?
The 6-year rule is a nuanced provision that allows Australian homeowners to maintain their main residence exemption even after moving out and renting their property. It’s essentially a tax concession that recognises the fact that life doesn’t always follow a predicatable path.
The 6-year rule can kick in if you’ve purchased a home, lived in it for a while, but then circumstances require you to move or work elsewhere. Instead of immediately losing your CGT exemption when you decide to rent the property out, the Australian Taxation Office (ATO) gives you a generous window of opportunity to figure out what you want to do long-term.
How Does the 6-Year Rule Work?
After moving out, you can continue treating a property as your main residence for up to six years while earning rental income from it. This means when you eventually sell, you might still qualify for a full or partial main residence exemption.
While you can earn rental income during this period, it’s crucial to understand that the rental income will be taxable, and the property must maintain its potential as a principal residence.
Eligibility Criteria for the 6-Year Main Residence Exemption
Not everyone can take advantage of this tax benefit. There are specific conditions you’ll need to meet:
- Prior Residence Status: The property must have been your principal place of residence before you moved out. You can’t apply this rule to a property you’ve never lived in.
- Singular Main Residence: During the six-year period, you cannot nominate another property as your main residence. This is a crucial point that catches many property owners by surprise.
- Rental Potential: You’re allowed to rent out the property during this period, but it must maintain its status as a potential principal residence.
Limitations of the 6-Year Rule to Keep in Mind
The six-year rule isn’t an unlimited get-out-of-tax-free card. Several important limitations exist:
- If you rent the property for more than six years, CGT will apply to the additional time.
- The rule doesn’t apply if you were never a resident of the property.
- The rule doesn’t come into effect if you don’t actually move out (i.e., It doesn’t apply if you simply rent part of the property out while still living there).
- Partial income use of the property (like running a home business) might still attract CGT for that portion.
It’s also crucial to understand that you cannot use this exemption as a permanent tax escape hatch. The six-year period is a carefully designed provision meant to provide flexibility for homeowners facing temporary life changes. It’s not a loophole for long-term tax avoidance.
For this reason, your documentation matters significantly. The ATO will require clear evidence that the property was genuinely your main residence and that your move was temporary.
This means keeping detailed records covering:
- Evidence of your connection to the property
- Proof of your original residency (electoral roles, drivers license etc matching the address during your period of residing as a principle residence before renting out)
- Rental agreements
- Documentation of any periods the property was vacant
- Your intent to return
Pro tax tip: Vague or incomplete documentation could compromise your tax exemption, turning what seemed like a straightforward situation into a serious tax challenge.
If you’re considering applying for the main residence exemption, it’s worth speaking to one of ITP’s accountants to ensure you have all your bases properly covered. We live and breathe this stuff, so we can help you get the most out of the six-year rule without slipping into dangerous territory.
6-Year Rule Examples: The Main Residence Exemption in Action
Understanding the Capital Gains Tax (CGT) implications when selling your main residence can be extremely complicated. While your primary residence is generally exempt from CGT, the situation becomes more nuanced when the property has been used to generate income, such as through renting.
Adding to the confusion, there are many other factors that can impact your eligibility for the main residence exemption. The easiest way to wrap your head around it all is to take a look at a few real-world examples.
Before we get started, here’s a breakdown of how the exemption works:
- Years as Main Residence: These years are typically fully exempt from CGT.
- Years Generating Income: These years may be subject to CGT, depending on the circumstances.
- Total Ownership Period: This period is crucial for calculating the proportional exemption.
Okay, now let’s see all these rules in action with a few scenarios:
Scenario 1: The Six-Year Rule and Early Termination
Meet David, a construction worker from South Australia:
- In 2015, David purchased a property in Adelaide and lived there for the next three years.
- In 2018, he relocated for work and rented out the property.
- He purchased a new main residence in 2022.
- He sold the Adelaide property in 2024.
David can choose to treat the Adelaide property as his main residence for the period he rented it out, up to six years from when he first moved out. However, since he purchased a new property and began living in it in 2022, the Adelaide property will be subject to CGT from 2022 up to the date he sold it in 2024.
David’s story demonstrates that the six-year rule can be ended early by the purchase of a new main residence.
Scenario 2: The Six-Year Rule with Intermittent Income Production
Meet Michelle, a real estate agent from Queensland:
- Michelle bought a house in 2010 and lived there until 2017.
- From 2017, she rented it out for three years.
- She then left it vacant for two years before renting it out again for two years.
- At the end of the last tenancy, it remained vacant until she sold it in 2025.
Because the total time the property was used to produce income was less than six years, and the vacant periods do not count towards income generation, Michelle can treat the entire period from 2017-2025 as her main residence for CGT purposes.
As you can see from Michelle’s example, the six-year rule can apply cumulatively across multiple rental periods.
Scenario 3: Resetting the Six-Year Limit
Meet Simon, a small business owner from Western Australia:
- Simon purchased a property in 2009 and lived in it until 2014.
- He rented it out from 2014 to 2019.
- He then moved back in for two years before renting it out again for three years.
- In 2025, he sold the property.
For Simon, each period of absence immediately following a period of residing in the house, is entitled to its own six-year CGT exemption. Therefore, because each rental period was less than six years long, Simon can claim the main residence exemption for the entire period.
Scenario 4: What Happens When the Six-Year Limit Is Exceeded?
If a property is used to generate income for more than six years during a single absence, CGT applies to the period exceeding the limit.
To demonstrate this, let’s take a look at Olivia’s situation in the Northern Territory:
- In 2013, Olivia bought a remote property and lived in it for two years.
- She moved out in 2015 and rented it for 10 years.
CGT will apply to the four years that exceed the six-year limit. The cost base of the property for CGT purposes is the market value at the time it was first used to generate income.
Scenario 5: Income Production Before Moving Out
If part of your home is used to generate income before you cease living in it, that portion is not eligible for the continuing main residence exemption.
Let’s consider Mark’s experience in Victoria:
- In 2010, Mark purchased a house in Melbourne and moved in.
- From 2012 to 2018, he used 30% of the house as a professional photography studio, while the remaining 70% was his main residence.
- In 2018, Mark moved out and rented the entire property.
- He sold the property in 2024, realising a capital gain.
The 30% of the property used as a photography studio means that portion will be subject to Capital Gains Tax for the entire ownership period. This means when Mark sells the property, 30% of his capital gain will be taxable.
The big thing to remember from Mark’s story is that using part of your home for business before moving out can have long-term tax consequences, permanently affecting the CGT treatment of that portion of the property. Renting out part of your home whilst living in it may also have the same consequences.
How to Maximise Your Tax Efficiency With The 6-Year Rule
Tactics That Can Help You
These steps can help you the best possible result when using the six-year rule:
- Timing is Everything: Consider selling within the six-year window to get the most out of the main residence exemption.
- Cost Base Management: Keep detailed records of all property-related expenses. These can be added to your cost base, effectively reducing your capital gain.
- Market Value Assessment: Understanding your property’s market value at different points can help strategic decision-making.
- Track Everything: Maintain comprehensive documentation of property use and document all periods of personal residence and rental.
Potential Pitfalls to Avoid
Some common mistakes can unexpectedly trigger full CGT. Be careful of the following:
- Multiple Residence Claims: Claiming another property as your main residence during the six-year period automatically disqualifies you from the CGT exemption, potentially exposing you to full capital gains tax.
- Exceeding the six-year rental window: Going beyond the six-year period means you’ll be liable for CGT on the additional rental years.
- Poor Documentation: Without clear records, you may struggle to prove your eligibility for the CGT exemption, leaving you vulnerable to an ATO audit.
- Income Generation: This can permanently reduce or eliminate your main residence CGT exemption.
- Incorrect Calculations: Simple errors can lead to unexpected tax liabilities or missed opportunities for tax savings.
Pro tax tip: Foreign residents cannot claim the main residence exemption. So if your residency status changes, you might lose the ability to use the six-year rule.
Making the 6-Year Rule Work for You
The ATO’s six-year CGT exemption offers Australians a genuinely helpful way to account for the career changes, relocations, and personal transitions that are commonplace in modern life. It provides flexibility for property owners, giving you the freedom to take on new challenges and opportunities without stressing about the tax implications.
However, this powerful tax strategy comes with equally powerful implications. A single misstep can transform a massive tax advantage into an unexpected financial burden. The risks are significant. Incorrect documentation can invalidate your exemption. Misunderstood rental periods might trigger full capital gains tax. Partial property use can permanently reduce tax benefits.
With so much at stake, professional guidance is essential. A qualified tax professional can help you understand and work within the rules, protecting you from ATO scrutiny and developing strategies specific to your situation.
Contact ITP today, and we can help you get your strategy underway. Our accountants are absolute tax nerds who get ridiculously excited about helping people navigate these rules—we promise to turn this potential tax minefield into a brilliant financial adventure!