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    Attention

    Warning:

    This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

    End of attention

    For CGT events which happened in earlier income years, refer to:

    For more general information about the capital gains tax concessions for small business 2008–09, refer to: Guide to capital gains tax concessions for small business 2008–09.

    For more information about capital gains tax in general, refer to Guide to capital gains tax 2008–09 (NAT 4151).

    The following may also help you:

    • Division 115 of the Income Tax Assessment Act 1997
    • Guide to depreciating assets 2008–09 (NAT 1996)
    • Taxation Determination TD 2006/68 Income tax: capital gains: small business concessions: can trustees or members of a complying superannuation fund ‘control’ the superannuation fund in the way described in section 152-30 of the Income Tax Assessment Act 1997?
    • Main residence exemption – the effect of using your home to produce income (NAT 10255)
    • Taxation Determination TD 2007/14 Income tax: capital gains: small business concessions: what ‘liabilities’ are included in the calculation of the ‘net value of the CGT assets’ of an entity in the context of subsection 152-20(1) of the Income Tax Assessment Act 1997?
    • Taxation Determination TD 2006/79 Income tax: capital gains: small business concessions: is an entity that has a ‘controller’ under section 152-30 of the Income Tax Assessment Act 1997 necessarily a small business CGT affiliate under paragraph 152-25(1)(b) of the Income Tax Assessment Act 1997 of that ‘controller’?
    • Taxation Determination TD 2006/64 Income tax: capital gains: can the clause ‘the relevant business ceased to be carried on’ in subparagraph 152-35(a)(ii) of the Income Tax Assessment Act 1997 be satisfied in the case of a taxpayer who sold the business to another?
    • Taxation Determination TD 2006/65 Income tax: capital gains: small business concessions: can a share in a company or an interest in a trust qualify as an active asset under subsection 152-40(3) of the Income Tax Assessment Act 1997 if the company or trust owns interests in another entity that satisfies the ‘80% test’?
    • Taxation Determination TD 2006/63 Income tax: capital gains: is a CGT asset that is leased by a taxpayer to a connected entity for use in the connected entity’s business an active asset under section 152-40 of the Income Tax Assessment Act 1997?
    • Taxation Determination TD 2006/78 Income tax: capital gains: are there any circumstances in which the premises used in a business of providing accommodation for reward may satisfy the active asset test in section 152-35 of the Income Tax Assessment Act 1997 notwithstanding the exclusion in paragraph 152-40(4)(e) of the Income Tax Assessment Act 1997 for assets whose main use is to derive rent?
    • Taxation Determination TD 2006/71 Income tax: capital gains: small business concessions: is the part of a payment which is a small business 50% reduction amount a non-assessable part under CGT event E4 in section 104-70 of the Income Tax Assessment Act 1997?

    You may also want to discuss your capital gains tax situation with your tax adviser.

    If you do not speak English well and need help from the ATO, phone the Translating and Interpreting Service on 13 14 50.

    If you are deaf, or have a hearing or speech impairment, phone the ATO through the National Relay Service (NRS) on the numbers listed below:

    • TTY users, phone 13 36 77 and ask for the ATO number you need
    • Speak and Listen (speech-to-speech relay) users, phone 1300 555 727 and ask for the ATO number you need
    • internet relay users, connect to the NRS on www.relayservice.com.auExternal Link and ask for the ATO number you need.
    Last modified: 27 Jul 2020QC 27963