02/09/2022
Yes, and also when buying your own home, and there’s an existing tenant with a lease, don’t allow an official extension, otherwise you could be up for extra stamp duty in Qld
Vacant Possession
A must have clause in any real estate contract for a home you intend covering with your main residence exemption.
To qualify for the main residence exemption from the start of ownership of a property, you must move into the property as soon as possible after settlement or renovation. The important thing is that no one else can live there in the interim.
If you don't then there will always be a sleeping CGT liability on the property and you will need to keep records for the whole period of ownership. The ATO will know, they are very good at data matching this stuff, so no slipping under the radar.
So it is important your contract states vacant possession so you can't be forced to settle with squatting tenants.