Taxation Determination

TD 93/237

Income tax: capital gains: section 160A and subsections 160M(6) and 160M(7) of the Income Tax Assessment Act 1936 were amended by Taxation Laws Amendment Act (No 4) 1992 with effect from 25 June 1992. Will these amendments have an effect on the views expressed in Taxation Determinations TD 2 and TD 3 in respect of debt waivers?

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FOI status:

may be releasedFOI number: I 1216744

This Determination, to the extent that it is capable of being a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953 , is a public ruling for the purposes of that Part. Taxation Ruling TR 92/1 explains when a Determination is a public ruling and how it is binding on the Commissioner. Unless otherwise stated, this Determination applies to years commencing both before and after its date of issue. However, this Determination does not apply to taxpayers to the extent that it conflicts with the terms of a settlement of a dispute agreed to before the date of issue of the Determination (see paragraphs 21 and 22 of Taxation Ruling TR 92/20).

1. No. The views expressed in Taxation Determinations TD 2 and TD 3 will not be affected by these amendments.

Commissioner of Taxation
16/12/93

Previously issued as Draft TD 93/D261

References

ATO references:
NO M6/M7 PROJ (CGTDET86)

ISSN 1038 - 8982

Related Rulings/Determinations:

TD 2;
TD 3

Subject References:
Waiver of debt;
capital gains tax

Legislative References:
ITAA 160A;
ITAA 160M(6);
ITAA 160M(7)

TD 93/237 history
  Date: Version: Change:
You are here 16 December 1993 Original ruling  
  29 November 2006 Original ruling + note Repeal provision note