Taxation Determination

TD 93/183A1 - Addendum

Income tax: capital gains: what are the CGT implications of removing a post-CGT building from post-CGT land and relocating it on pre-CGT land?

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Addendum

TD 93/183 is amended as follows:

1. Paragraph 1

Omit 'The removal of the building is not a disposal of an asset and on removal'; substitute 'No CGT event happens when the building is removed. On removal'.

2. Paragraph 2

Omit 'subsection 160ZH(12) of the Income Tax Assessment Act 1936'; substitute 'section 112-25 of the Income Tax Assessment Act 1997'.

3. Paragraph 4

Omit 'subsection 160P(6)'; substitute 'subsections 108-70(2) and (3)'.

4. Related Rulings/Determinations

Omit 'TD 6'.

5. Subject References

Omit the subject references; insert 'CGT assets; CGT composite assets; CGT cost base; CGT cost base modification-split, changed or merged asset rule; CGT separate assets; pre-CGT assets'.

6. Legislative References

Omit the legislative references; insert 'ITAA 1997 108-70(2) & (3); ITAA 1997 112-25'.

This Addendum applies from 14 September 2006, the date of effect of the repeal of the former capital gains tax provisions in Part IIIA of the Income Tax Assessment Act 1936 by Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006.

Commissioner of Taxation
21 April 2010

References

ATO references:
NO 2006/20258