Is mum's apartment her PPOR if she is not residence but comes to stay for 2 mths/yr?

[Georges]

Hi People!

A question!

My mum owns an apartment in Melbourne which I;m living in. But my mum is a non-residence and she lives overseas, she however comes each year to Melbourne to live in the apartment with me. Can this be considered her PPOR so that when she sells it there is no CGT?

Or do I have to apply PR for my mum first? Even if she becomes a PR, if she is in Australia for less than 6 months in a year, is this still counted as her PPOR?

I have been trying to get my mum to become a PR for many years, so she can stay with us in Melb for more than 2 months each year. Currently she is always using a holiday visa which only lasts 2 months.

 

[jrc]

I would be surprised if any property that was only used by the owner by means of a short term holiday visa could meet the definition of PPOR.

Does your mother have nay income from the property ie do you pay her rent

 

[Georges]

Hi,
no, she is not getting any income from it. We treat this as our family home in Australia.

 

[marg4000]

I doubt this would qualify as a PPOR as your mum only visits for such short periods. This is easily checked by immigration records.
Marg