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Edited version of your private ruling
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Ruling
Subject: Extension of time
Question
Will the Commissioner, pursuant to subsection 104-190(2) of the Income Tax Assessment Act 1997 (ITAA 1997), extend the time limit set out in paragraph 104-185(1)(a) of the ITAA 1997 for the replacement asset to be acquired?
Answer
Yes.
This ruling applies for the following periods:
Year ended 30 June 2011
Year ended 30 June 2012
Year ended 30 June 2013
Year ended 30 June 2014
The scheme commences on:
1 July 2010
Relevant facts and circumstances
The arrangement that is the subject of the private ruling is described below. This description is based on the following documents. These documents form part of and are to be read with this description. The relevant documents are:
· the application for private ruling, and
· the documents provided with the application for private ruling.
· You sold your business and made a capital gain.
· You are entitled to the small business capital gains tax concessions.
· You have applied the rollover concession to part of your capital gain.
· You have not been able to acquire a replacement asset within the 2 year period due to a family court injunction.
· The injunction restrains you from accessing a large part of your liquid assets and restricts further encumbrance on your property and shares.
· You therefore do not have access to sufficient funds to allow you to purchase a replacement asset.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 104-185(a) and
Income Tax Assessment Act 1997 section 104-190(2).
Reasons for decision
According to the Advance guide to capital gains tax concessions for small business 2010-11, the small business rollover concession allows an entity to defer a capital gain made from a CGT event if the entity acquires a replacement asset and one or more conditions are satisfied.
One of these conditions requires the entity to acquire a replacement asset within a period starting one year before, and ending two years after the date of disposal of the original asset. However, in appropriate circumstances, the Commissioner may extend this period. The abovementioned guide also provides the relevant considerations applied by the Commissioner to extend the two year period.
Having regards to your full circumstances and the above principles, the Commissioner will allow an extension of time.