---
title: "Screen a home against the main residence exemption"
url: "https://ailawframework.com/practice/taxation/screen-a-home-against-the-main-residence-exemption"
type: "task"
site: "AI Law Framework"
id: "A26-PE20261022-18"
practice_area: "Taxation"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Screen a home against the main residence exemption

> From the facts the lawyer supplies, list the full-exemption conditions: the taxpayer is an Australian resident, and the dwelling has been the home of the taxpayer, their partner and other dependants for the whole…

Canonical page: https://ailawframework.com/practice/taxation/screen-a-home-against-the-main-residence-exemption  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Taxation](https://ailawframework.com/practice/taxation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the facts the lawyer supplies, list the full-exemption conditions: the taxpayer is an Australian resident, and the dwelling has been the home of the taxpayer, their partner and other dependants for the whole period of ownership, has not been used to produce income, and is on land of 2 hectares or less. Record that if all conditions are met there is no tax on a capital gain and any capital loss is ignored. If the lawyer says a condition is not met, record that a partial exemption may still be available and do not work out the proportion. Record the page's signs that a dwelling is a main residence, that there must be a dwelling the taxpayer lived in, and that a vacant block is not entitled. Record the dwelling examples. For a foreign resident, record the page's statements that a person who was not a resident while living in the property is unlikely to satisfy the requirements, and that a foreign resident when a CGT event happens may not be entitled. Do not calculate a gain. |
| What the lawyer must review | The lawyer decides residence, whether the dwelling was the home for the whole period, whether it was used to produce income, the land area, and whether any partial exemption is claimed. The partial-exemption proportion is not taken from this page. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the facts the lawyer supplies, list the full-exemption conditions: the taxpayer is an Australian resident, and the dwelling has been the home of the taxpayer, their partner and other dependants for the whole period of ownership, has not been used to produce income, and is on land of 2 hectares or less. Record that if all conditions are met there is no tax on a capital gain and any capital loss is ignored. If the lawyer says a condition is not met, record that a partial exemption may still be available and do not work out the proportion. Record the page's signs that a dwelling is a main residence, that there must be a dwelling the taxpayer lived in, and that a vacant block is not entitled. Record the dwelling examples. For a foreign resident, record the page's statements that a person who was not a resident while living in the property is unlikely to satisfy the requirements, and that a foreign resident when a CGT event happens may not be entitled. Do not calculate a gain.
- What the lawyer does: The lawyer decides residence, whether the dwelling was the home for the whole period, whether it was used to produce income, the land area, and whether any partial exemption is claimed. The partial-exemption proportion is not taken from this page.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. The full exemption is recorded only where every stated condition is met, including land of 2 hectares or less.
2. A partial exemption is marked as possible and is not calculated.
3. A vacant block is recorded as not entitled.
4. No absence period and no capital gain are stated.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Australian Taxation Office, Eligibility for main residence exemption, last updated 22 June 2026](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/property-and-capital-gains-tax/your-main-residence-home/eligibility-for-main-residence-exemption) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/taxation/screen-a-home-against-the-main-residence-exemption/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*