PPOR, vacations and working away from home

How long can you legally live away from home on "vacation" and can you be justified in working while on vacation. Who sets the rules as to whether you are on vacation or not?

Could you go on vacation for 11 months and still maintain your PPOR?

 

99 years

 

is the law pretty loose? Any chance of being challenged particularly if picking up a building grant

 

For CGT there is no limit, you could be absent yet still keep it as your main residence for the rest of your life as long as it is not rented or income producing.

 

And you dont claim another property as your primary residence?

 

Yes plus many other conditions.

 

Looking at the conditions the only vague definition is that you live in the house. So long as my belongings are in the house, my mail is delivered, then I'm free to holiday and work while on holiday.

 

This is not the case.

 

Not sure of the point of your post, best to not rely on secondary materials. That is part of the story, but not complete. Get some proper tax advice.

 

That was direct from
Your main residence

 

That doesn't change my answer.

 

The ATO use the word "generally" as they mean - It wont always be the case. As Terry said, get tax advice.

Reasons why an exemption may not generally be assured:
- Spouse/partner also has a former main residence
- You never established the property as a "main" residence
- You have a choice about which property will be or could be a main residence and other factors

A vacation generally wont change the main residence as you arent likely to establish a new main residence. That is a positive limb to the problem. The issue is really whether you use the home to produce income which may be a contrary negative limb. If you do, a CGT implication may occur or an absence exemption may (or may not) be available.

Also consider land tax.

 

Thanks for the replies, I've got a little bit more of an understanding on the issue now. I have a very tricky situation at the moment and moving early is only on the cards if all the cards fall in my favour. At best I could move in August after my house is built. I've just got to hope that my existing property goes up more than the one I end up buying.

I am purchasing in another state to avoid land tax so that's good.