TD 2006/78A3 - Addendum
Income tax: capital gains: are there any circumstances in which the premises used in a business of providing accommodation for reward may satisfy the active asset test in section 152-35 of the Income Tax Assessment Act 1997 notwithstanding the exclusion in paragraph 152-40(4)(e) of the Income Tax Assessment Act 1997 for assets whose main use is to derive rent?
Please note that the PDF version is the authorised version of this ruling.View the consolidated version for this notice.
This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953. It amends Taxation Determination TD 2006/78 to include a reference to Tingari Village North Pty Ltd v. Commissioner of Taxation  AATA 233 and the associated Decision Impact Statement (2008/4646 & 2008/4647), which notes the decision is consistent with Taxation Determination TD 2006/78.
TD 2006/78 is amended as follows:
Omit the paragraph; substitute:
17A. The amendments applied to this consolidated Determination apply to CGT events happening from the date of issue of TD 2006/78A3.
After 'Radaich v. Smith (1959) 101 CLR 209' insert '; Tingari Village North Pty Ltd v. Commissioner of Taxation  AATA 233 at paragraphs 44-46, 2010 ATC 10-131, 78 ATR 693 and associated Decision Impact Statement 2008/4646 & 2008/4647.'
- Tingari Village North Pty Ltd v. Commissioner of Taxation  AATA 233, 2010 ATC 10-131, 78 ATR 693
- Decision Impact Statement on Tingari Village North Pty Ltd v. Commissioner of Taxation - DIS 2008/4646 & 2008/4647
This Addendum applies with effect from today.
Commissioner of Taxation
19 December 2012