CGT Determination Number 49

TD 49

Capital Gains: Is a net capital loss from the previous year of income taken into account in calculating separate net income?

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FOI status:

1. Separate net income in relation to a dependant includes any amount included in the assessable income of the dependant by Part IIIA (subsection 159J(6)).

2. The amount included in assessable income of the dependant is the net capital gain accrued. The net capital gain is arrived at by subtracting from any gain or gains made in the year of income, capital losses incurred during the year of income and/or net capital losses in respect of the previous year of income. (subsection 160ZC(2)).

3. Accordingly, a net capital loss from the previous year of income is indirectly taken into account in calculating separate net income, but only to the extent of any gain or gains made in the year of income.

Example:

A taxpayer's spouse derived bank interest of $1,000 and incurred a net capital loss of $3,000 in the 1989/90 year of income. Therefore, the separate net income of the spouse for 1989/90 is $1,000.

In the 1990/91 year of income, the spouse derived bank interest of $1,000 and made a capital gain of $4,000. The spouse's net capital gain is $1,000 ( $4,000 less $3,000 net capital loss from the 1989/90 year of income). Accordingly, the separate net income of the spouse for 1990/91 is $2,000.

Commissioner of Taxation
26 March 1992

References

ATO references:
NO ADV PARRA

Subject References:
Separate net income;
net capital loss from previous year of income.

Legislative References:
160ZC(2)
159J(6)
79E
80