| Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of private ruling
Authorisation Number: 1011854387586
This edited version of your ruling will be published in the public Register of private binding rulings after 28 days from the issue date of the ruling. The attached private rulings fact sheet has more information.
Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. Contact us at the address given in the fact sheet if you have any concerns.
Ruling
Subject: Cost base
Questions and answers
Is the payment of a settlement rebate treated as a reduction in the cost base at the time of selling the property?
Yes
This ruling applies for the following period
Year ended 30 June 2010
The scheme commenced on
1 July 2009
Relevant facts and circumstances
You purchased a residential property.
Your contract of purchase had special conditions inserted. Under the special conditions in the contract of purchase, a tenancy lease agreement was created between you and the vendor as a term of the contract of purchase.
Under the special conditions, the vendor sells you land with a dwelling erected upon it for the purpose of a display home to be used during a display period specified by the vendor which is reflected on the tenancy lease agreement.
Under the special conditions, at the time of settlement the vendor paid you a "settlement rebate" subject to the settlement of the property.
A breach of the lease would result in a breach to the contract of sale.
The lease took effect from the date of settlement to 1X months thereafter. The lease provided the vendor an option to extend the lease period by a further X lease terms of three months, if the vendor so chooses.
The lease agreement indicates that the first 1X months is rent free to the vendor.
Relevant legislative provisions
Income Tax Assessment Act 1997
Section 110-25
Reasons for decision
Cost base
The cost base of an asset consists of five elements. The first element deals with the cost base associated with the acquisition of an asset.
The first element of cost base and reduced cost base is the total of the money paid, or required to be paid, and the market value of property given, or required to be given, in respect of the acquisition of the asset (subsection 110-25(2) of the ITAA 1997).
Under the first element of cost base calculation, the amount of money required to be paid upon the settlement of your contract was the price of purchase less the "settlement rebate" amount. The net amount is included in your cost base.
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).
