CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-3
-
CAPITAL GAINS AND LOSSES: SPECIAL TOPICS
History
Part 3-3 inserted by No 46 of 1998.
Division 152
-
Small business relief
History
Div 152 inserted by No 165 of 1999 (as amended by No 173 of 2000).
Subdivision 152-C
-
Small business 50% reduction
History
Subdiv 152-C (heading) substituted by No 41 of 2005.
SECTION 152-205
You get the small business 50% reduction
152-205(1)
The amount of a
*
capital gain remaining after applying step 5 of the method statement in subsection
102-5(1)
is reduced by 50%, if the basic conditions in Subdivision
152-A
are satisfied for the gain.
Note:
The cost bases of CGT assets of an individual are indexed from 1 July 2027, reducing capital gains that arise after 1 July 2027. This reduction applies after indexation, allowing the indexed gain to be reduced by a further 50%.
History
S 152-205 amended by No 49 of 2026, s 3 and Sch 1 items 47, 78B and 79, by substituting the note for example, inserting
"
(1)
"
before
"
The amount
"
and substituting
"
step 5
"
for
"
step 3
"
, effective 1 July 2026 and applicable in relation to assessments for the income year that includes 1 July 2027 and for later income years. The example formerly read:
Example:
For an individual (other than one who opts to claim indexation instead of the discount), the discount percentage that applies under step 3 of the method statement is 50%. Therefore, the combined effect of the discount percentage and this section would be to reduce the original capital gain by a total of 75%.
For an individual who opts to claim indexation, or a company, there is no discount percentage, so the individual or company would simply get the 50% reduction under this section.
S 152-205 inserted by No 165 of 1999 (as amended by No 173 of 2000).
152-205(2)
In working out for the purposes of subsection
(1)
whether the basic conditions in Subdivision
152-A
are satisfied, disregard paragraph
152-10(1AA)(b)
.
History
S 152-205(2) inserted by No 49 of 2026, s 3 and Sch 1 item 79A, effective 1 July 2026 and applicable in relation to assessments for the income year that includes 1 July 2027 and for later income years.