Taxation Determination

TD 95/58W

Income tax: capital gains: in determining whether the threshold and ratio tests in subsection 160P(6) of the Income Tax Assessment Act 1936 are met, in what circumstances is it appropriate to aggregate a number of enhancements made to an asset so as to constitute an 'improvement' to the asset?

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FOI status:

may be releasedFOI number: I 1014708

Notice of Withdrawal

Taxation Determination TD 95/58 is withdrawn with effect from today.

Section 108-80 of the Income Tax Assessment Act 1997 sets out factors to be considered in deciding if capital improvements are related to each other. This section adopts the factors previously applied administratively.

Commissioner of Taxation
10 March 1999

Previously issued as Draft TD 95/D6

References

ATO references:
NO CGT Cell CGDET 108; NAT 95/4278-7

Related Rulings/Determinations:

TD 93/34

Subject References:
aggregating enhancements
improvement
separate assets

Legislative References:
ITAA 160P(6)
ITAA 160P(6)(c)(ii)
ITAA 160P(6)(d)

Case References:
Case 38/94
94 ATC 343

AAT Case 9671
28 ATR 1299