| Disclaimer This edited version has been archived due to the length of time since original publication.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 your private ruling
Authorisation Number: 1012141596689
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. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet.
Ruling
Subject: Capital gains tax - Joint tenancy - Disposal
Question
Will you retain the capital gains tax (CGT) exemption on your original interest in the block of land?
Answer
Yes.
This ruling applies for the following periods:
Year ending 2013
Year ending 2014
Year ending 2015
Year ending 2016
The scheme commences on:
Prior to 20 September 1985.
Relevant facts and circumstances
Prior to 20 September 1985 you and your spouse purchased a block of land as joint tenants.
After 20 September 1985 you and your spouse decided to include your child on the title as a joint tenant. No money exchanged hands and the title is now under three names as joint tenants.
Your child paid the required stamp duty.
The block has never been used for any commercial purpose and has been vacant since it was purchased and there is no partnership in relation to the block of land.
The block of land is to be sold.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 102-20
Income Tax Assessment Act 1997 Subsection 104-10(3)
Income Tax Assessment Act 1997 Section 108-5
Income Tax Assessment Act 1997 Section 108-7
Reasons for decision
You can make a capital gain or loss if and only if a CGT event happens to a CGT asset. Land is a CGT asset.
Individuals who own a CGT asset as joint tenants are treated as if they each owned a separate CGT asset.
CGT event A1 occurs when you dispose of an asset to someone else.
The time of the event is:
(a) when you enter into the contract for the disposal: or
(b) if there is no contract when the change of ownership occurs
However, any capital gain or capital loss on an asset you acquired before 20 September 1985 is disregarded.
Accordingly, a capital gain made on the interest in the land you acquired prior to 20 September 1985 is disregarded.
When you and your spouse included your child's name on the title, your child was given a one-third interest in the block of land and you and your spouse retained the other two-third interest in the block of land.
As the two-third interest you and your spouse acquired was prior to 20 September 1985, it is exempt from capital gains tax.
Taxation Ruling IT 2540
IT 2540 relates to the disposal of partnership assets. As the ownership structure of the block of land is a joint tenancy IT 2540 does not apply to this case.