CGT on a Deceased’s Residence

This edition of the book reflects changes to the law and the way it is administered that have arisen since 2016. These changes include the ATO’s safe-harbour approach to the sale of a main residence more than two years after death and recent legislative amendments that deny the main residence exemption to certain foreign residents who have died. The material has also been restructured to better assist you in navigating your way through these complex issues.

‘On the thirty fifth anniversary of capital gains tax it is opportune to be reminded of its complexities. This helpful publication concentrates on one aspect: the CGT consequences that may arise from real estate owned by a person upon death which was occupied by the person at some stage in their life.

Australians have long had a fascination with home ownership. Increased longevity but concomitant declining health means that a person may own but no longer live in their “residence” at the time of their demise. It is important now, and will become increasingly important, for those assisting the deceased’s representatives to have an appreciation of the consequences, exemptions, exceptions, complications and, even still, uncertainties involved with the taxing of a deceased’s estate.

Freshwater and Raspin’s publication provides valuable commentary in this regard.’

Darryl Browne  | TEP FAICD

BROWNE.Linkenbagh Legal Services
Accredited NSW Wills and Estates Specialist



‘The title of this book is extremely accurate. The capital gain taxation issues associated with a deceased’s principal place of residence are varied and complex. This book is (as it’s earlier edition was) an invaluable resource for any professional working in the areas of estate planning or estate administration. It is a credit to the authors that they have made such a complex area of tax law understandable with logical and clear analysis and relevant examples and cases studies.  

This book will assist practitioners who don’t specialise in taxation (and some that do) in identifying issues and opportunities that may confront their and in determining when further bespoke advice may be required. I have personally referred to the earlier edition of this book on too many occasions to recall. I recommend this book to any practitioner dealing in estate planning or estate administration.’

Greg Russo

Featherbys Lawyers,
Accredited LIV Wills and Estates Specialist



“While most people are familiar with the existence of the main residence exemption, very few understand how the exemption applies on death.

Thankfully, Ian Raspin and Lyn Freshwater have provided an easy-to-read guide which explains how the exemption is to be applied.

 This book is an invaluable resource for anyone advising on this topic – including estate planning lawyers, estate administration lawyers, financial advisers, accountants and tax advisors.

 In stark contrast to the legislative provisions to which it relates, this book is clear, concise and enjoyable to read. It provides many helpful practical examples designed to assist non-tax experts to understand this otherwise complex topic.

 Thank you Ian and Lyn, for once again, simplifying and demystifying estate taxes.”

Anthea McIntyre | NSW Accredited Specialist, Wills & Estates

McIntyre Legal



“Ian Raspin and Lyn Freshwater are to be commended for this new edition of “CGT on a Deceased Residence – A Tax Minefield!”.  They have made the complex understandable.  This new work will also be a reference and aid for our estate administration and estate planning teams.”

Bryan Mitchell TEP | Accredited Specialist (Succession Law) – Qld

Deputy Chair STEP Australia
Mitchell Solicitors