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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your written advice

Authorisation Number: 1051469464516

Date of advice: 21 December 2018

Ruling

Subject: Small business concessions - Commissioner’s discretion - extend the placement asset period

Question

Will the Commissioner extend the replacement asset period?

Answer

Yes.

Having considered your circumstances and the relevant factors the Commissioner considers it appropriate to grant an extension to the replacement asset period. Further information about the small business roll-over can be found by searching 'QC 52291' on ato.gov.au

This ruling applies for the following period

Year ending 30 June 2019

The scheme commences on

1 July 2018

Relevant facts and circumstances

You sold shares in a company.

You applied the small business CGT concessions to the capital gain you made on the disposal, including the small business roll-over.

The company went into liquidation and it became unclear how much consideration you would receive from the sale of your shares.

You experienced extensive legal discussions and negotiations over an extended period of time to determine what the final sale consideration would be.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 104-190


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