Taxation Determination

TD 98/11W

Income tax: capital gains: when are shares acquired, and instalments paid, under the Commonwealth Bank of Australia (CBA) and Telstra public share offers?

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FOI status:

Notice of Withdrawal

Taxation Determination TD 98/11 is withdrawn with effect from today.

Following the decision in Dolby v Federal Commissioner of Taxation [2002] FCA 1065, the Commissioner accepts that TD 98/11 is incorrect.

The Federal Court held that indexation of the first and final instalment amounts is available from the date the shares were allocated to an investor.

Commissioner of Taxation
27 November 2002

Previously issued in draft form as TD 98/D1.

References

ATO references:
NO NAT 97/3572-1

Subject References:
acquisition of shares
capital gains
capital gains tax
indexation
instalments
sale shares
shares

Legislative References:
ITAA 36 Part IIIA