Capital Gains Tax Determination

TD 43W

Capital gains: will an asset deemed by the CGT provisions to have been acquired by a transferee company before 20 September 1985 be included as part of the underlying property for the purposes of the tests in section 160ZZT?

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FOI status:

may be released

Notice of Withdrawal

CGT Determination TD 43 is withdrawn with effect from today. It continues to apply to the happening of CGT event K6 before the withdrawal but does not apply to the happening of CGT event K6 after the withdrawal.

TD 43 states that an asset deemed to be acquired before 20 September 1985 will also be treated as having been acquired before that date for the purposes of applying section 160ZZT of the Income Tax Assessment Act 1936. This issue is now dealt with in draft Taxation Ruling TR 2004/D6 which issues today.

Commissioner of Taxation
23 June 2004


ATO references:
NO NAT 2003/11684

ISSN 1038 - 8982

Subject References:
Underlying property

Legislative References:

TD 43W history
  Date: Version: Change:
  5 March 1992 Original ruling  
You are here 23 June 2004 Withdrawn