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Bequeathed property

Noel Whittaker | June 18 2009 | The Sydney Morning Herald & The Age (subscribe)

My mother has been bequeathed the house she shared with her husband of 35 plus years. What are the capital gains tax implications?

Q.

My elderly mother has been bequeathed the house she shared with her husband of 35 plus years. It has been her principal place of residence during that time. What are the implications of capital gains tax, and what length of time would she have to live in the residence? Is any documentation required to be maintained or completed?



A.

If the house was in joint names, which is probably the case, the house will pass automatically to your mother and no specific documentation is needed. Because it was their residence there will be no capital gains tax implications either. When she dies it will be deemed to be acquired by her beneficiaries at its market value at the date of her death.

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