
Permanent incapacity and super – what it means if you’re totally and permanently disabled
February 9, 2026
Six changes impacting your super in 2026
February 9, 2026If you find yourself in the position of having
bought yourself a new home before you sold your existing home, there are
important CGT issues to consider – and these centre on the fact that under the
CGT rules, you cannot have two or more CGT exempt homes at the same time.
However, there is an important concession that
allows you to treat both the new home and the existing home as exempt from CGT
for up to a period of six months – provided the new home actually becomes your
main residence.
So, for example, in the simple case where you
bought your new home on 1 February 2026 and then sell your existing one five
months later on 1 July 2026, your existing home won’t be subject to any CGT –
and your new home won’t lose any CGT exemption for this five month period.
However, the availability of this concession
is subject to a number of important conditions.
Firstly, the existing home must have been your
home for a period of at least three months in the 12 months period before you
sold it. And, secondly, it must not have been used for the purpose of producing
taxable income in any part of that 12 month period when you did not live in it.
So, in the above example, if you rented your
existing home in the five month period before you sold it (which vendors
sometimes do while waiting to sell it), you could not use this concession to
give you an additional five months of exemption on that home.
As a result, you will be subject to a partial
CGT liability to reflect the fact that your dwelling could not be treated as a
main residence during this five month period.
(But if this was the first time you rented it
and it would otherwise have been entitled to a full main residence exemption
just before you rented it, then you would calculate this partial CGT liability
by reference to its market value when you first rented it and the amount you
sell it for.)
However, the stringency of these conditions
about the use of your existing dwelling in the 12 month period before you sell
it can be alleviated by using another concession (the “absence concession”) to
continue to treat it as your main residence, even if you rent it in this
period.
In a similar fashion, you can use another
concession (the “building concession”) to treat any land you acquire on which
to build a new home as your new home for the purposes of this six month overlap
rule.
However, in both these cases the application
of these particular concessions, and their interaction with the rule that
allows you to treat an existing home and new home as CGT exempt for up to six
months, can be quite complex. And much will depend on the precise facts of the
case.
If you find yourself in the position of having
bought yourself a new home before you sold your old one (or are intending to do
this) come and speak to us – and we will show you how the rules operate in your
circumstances, and how they can be applied most advantageously.

