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  • D CGT small business 15-year exemption amount

    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

    Did the SMSF receive personal contributions for the member that the member elected to exclude from their non-concessional contributions with a CGT small business 15-year exemption amount?

    No

    Leave D blank. Go to E.

    Yes

    Read on.

    Write at D the total value of personal contributions made by the member in 2014–15 that the member elected to exclude from their non-concessional contributions with a CGT small business 15-year exemption amount.

    You can include a member's personal contribution at D if it either:

    • qualifies for the small business 15-year exemption, or
    • would qualify for the small business 15-year exemption but for the fact that:        
      • the asset was a pre-CGT asset
      • there was no capital gain, or
      • the 15-year holding period was not met because of the permanent incapacity of the person (or a significant individual of a company or trust).
       

    To write an amount at D the SMSF must have received a valid Capital gains tax cap election from the member.

    The CGT cap election is valid if:

    • the member gave it to the SMSF on or before the date the contribution was made, and
    • the SMSF has not been advised or become aware that the CGT cap election is no longer valid or applicable.

    The exemption from being a non-concessional contribution is not effective if the member made the CGT cap election after making the contribution.

    The amount that you include at D may be limited by the CGT cap. This cap limits the amount of exemptions that a member can claim through a CGT cap election during their lifetime. The amounts at C CGT small business retirement exemption and D CGT small business 15-year exemption both apply to the CGT cap. The CGT cap is indexed annually. In 2014–15 the lifetime limit for the CGT cap is $1,355,000.

    Do not include amounts at D:

    • if you are aware that a CGT cap election is not valid or that the election is not applicable (include these at B Personal contributions)
    • that are in excess of the CGT cap (include these at B Personal contributions).

    If you become aware that a CGT cap election is not valid or applicable after you have lodged the SMSF annual return, you must lodge an amended annual return.

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    Last modified: 13 Feb 2019QC 44344