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?

This version is no longer current. Please follow this link to view the current version.

  • Please note that the PDF version is the authorised version of this ruling.
    This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

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  27 March 2013 Withdrawn  

Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).