On 5 October 2020, the Government announced that it will provide a targeted capital gains tax (CGT) exemption for granny flat arrangements where there is a formal written agreement in place. Under the measure, CGT will not apply to the creation, variation or termination of a formal written granny flat arrangement providing accommodation for older Australians or people with disabilities.
CGT consequences are currently an impediment to the creation of formal and legally enforceable granny flat arrangements. When faced with a potentially significant CGT liability, families often opt for informal arrangements, which can lead to financial abuse and exploitation in the event that the family relationship breaks down. This measure will remove the CGT impediments, reducing the risk of abuse to vulnerable Australians.
The Government is seeking stakeholder views on exposure draft legislation and explanatory materials for amendments that would give effect to this announcement.