Taxation Administration Act 1953

A residential dwelling asset is an asset that:

is a *dwelling; and

is *taxable Australian real property; and

is *residential premises (other than *commercial residential premises); and

is not a dwelling that:

is used primarily to provide specialist disability accommodation (within the meaning of the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018); and

is enrolled in accordance with section 6 of that Rule; and

is not a dwelling that:

is used primarily to provide disability accommodation; and

is a dwelling of a kind prescribed by the regulations for the purposes of this subparagraph.

Section 118‑120 (Extension to adjacent land) applies in relation to this section in the same way as it applies in relation to Subdivision 118‑B.

To avoid doubt, for the purposes of applying section 118‑120 in relation to this section, a *dwelling’s *adjacent land may include land used primarily for private or domestic purposes in association with the dwelling and with one or more other dwellings.