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Edited version of private advice
Authorisation Number: 1052492773290
Date of advice: 08 January 2026
Ruling
Subject: Capital gains tax - small business concession - retirement
Question
Is the CGT event in relation to the sale of your business in connection with your retirement for the purposes of paragraph 152-105(d)(i) of the Income Tax Assessment Act 1997 (ITAA 1997)?
Answer
Yes, the CGT event in relation to the sale of your business is in connection with your retirement.
This ruling applies for the following periods:
Income year ended 30 June 20XX
Income year ending 30 June 20XX
The scheme commenced on:
1 July 20XX
Relevant facts and circumstances
You established a business as a sole proprietor more than 15 years back.
You are over 55 years of age.
You have entered into a sale agreement to sell your business. The settlement date is DD MM 20XX.
You will completely retire from settlement day.
You will make a capital gain on the sale of your business.
Relevant legislative provisions
Income Tax Assessment Act 1997section 152-105
Income Tax Assessment Act 1997 paragraph 152-105(d)(i)