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CGT Determination Number 13

TD 13

Capital Gains: Is there a change in ownership when property held in joint tenancy is converted into a tenancy in common?

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FOI status:

may be releasedFOI number: I 1019036

Provided there is no change in beneficial ownership, a conversion from a joint tenancy into a tenancy in common in equal shares would not amount to a disposal for the purposes of section 160M.

2. In any event, the CGT provisions apply as if joint tenants owned the relevant property as tenants in common in equal shares (paragraph 160ZN(1)(a)).

Commissioner of Taxation
10 September 1991

References

ATO references:
NO N.O. 12.87/3604-9

ISSN 1037 - 1419

Subject References:
Joint tenancy
Tenancy in common

Legislative References:
160ZN(1)(a)

TD 13 history
  Date: Version: Change:
You are here 10 September 1991 Original ruling  
  27 March 2013 Withdrawn  

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