House of Representatives

New Business Tax System (Capital Gains Tax) Bill 1999

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)


Inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21October 1999.


See paragraphs 1.11 to 1.16


See paragraphs 1.29 to 1.33


See paragraphs 1.34 to 1.38


See paragraph 1.28 for discussion on 'CGT concession stakeholder'.


See paragraphs 1.17 and 1.18 for discussion on 'small business CGT affiliate'.


See paragraphs 1.19 to 1.27 for discussion on 'connected with'.


Inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21October 1999.


A 'discount capital gain' is one that qualifies for reduction under Division 115-A (inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21October 1999).


The general rules for active assets are discussed in paragraphs 1.29 to 1.33. The modified active assets test is discussed in paragraph 1.60.


Division 17B of the ITAA 1936, or Division 118-F of the ITAA 1997


CGT event J2 applies if an asset changes its status as an active asset. CGT event J3 applies if the active asset is a share or interest in a trust, and the company or trust in which the share or interest is held ceases to have a controlling individual or if less than 80% of the market value of its assets are active assets.


The definition of 'fixed entitlement' is inserted into subsection 995-1(1) by Item 8 of Schedule 4 of this Bill.


The definition of 'linked group' was inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21 October 1999.


The definition of 'fixed entitlement' is inserted into subsection 995-1(1) by Item 8 of Schedule 4 of this Bill.


See paragraphs 1.19 to 1.27 for discussion on 'connected with'.


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