| Disclaimer This edited version has been archived due to the length of time since original publication.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: 1012166328149
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: Compulsory acquisition
Question
Will the Commissioner exercise his discretion under paragraph 124-75(3)(b) of the Income Tax Assessment Act 1997 to allow a further 12 months for you to acquire a replacement property?
Answer
Yes.
This ruling applies for the following periods:
Year ended 30 June 2012
Year ended 30 June 2013
The scheme commences on:
1 July 2010
Relevant facts and circumstances
You owned a parcel of land with no buildings constructed on it.
You received a notice of intention to acquire the property in 2010.
You received payment for the land in 2011.
You have been actively searching for a property since late 2011.
You have engaged several agents to assist in acquiring a property.
You have looked at various prospective sites, but have yet to find one of a suitable size and price.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 124-75(3)(b).
Reasons for decision
According to the Guide to capital gains tax 2010-11, if your capital gains tax (CGT) asset is compulsorily acquired, a rollover to defer the capital gain may be available.
If you receive money as a result of the compulsory acquisition, you can only choose a rollover if you incur expenditure in acquiring another CGT asset. You must incur at least some of the expenditure no earlier than one year before the event happens or, within one year after the end of the income year in which the event happens.
This period may be extended in special circumstances as outlined in Taxation Determination TD 2000/40. If you embark on a process to do what is reasonable to acquire a replacement asset, an extension of time may be granted.
Having regards to your full circumstances and the above principles, the Commissioner will allow an extension of time.