Draft Taxation Determination

TD 93/D264

Income tax: capital gains: will subsection 160ZD(2) of the Income Tax Assessment Act 1936 deem market value consideration to have been received where an act, transaction or event constitutes a disposal for the purposes of subsection 160M(7) and no consideration is received?

  • Please note that the PDF version is the authorised version of this draft ruling.
    This document has been finalised by TD 93/238.

FOI status:

draft only - for comment


Draft Taxation Determinations (TDs) present the preliminary, though considered, views of the ATO. Draft TDs may not be relied on; only final TDs are authoritative statements of the ATO.

1. No. One of the pre-conditions for the application of subsection 160M(7) is that there be consideration received in respect of the act, transaction or event. Subsection 160ZD(2) cannot step in to deem consideration in respect of a "deemed disposal" under subsection 160M(7).

Commissioner of Taxation
14 October 1993



ISSN 1038-8982

Related Rulings/Determinations:

TD 93/D265

Subject References:

Legislative References:
ITAA 160ZD(2)
ITAA 160M(7)