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This edited version has been archived due to the length of time since original publication.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: 1051491371386

Date of advice: 20 March 2019

Ruling

Subject: Small business concessions

Question

Do you meet the basic conditions for the small business CGT concessions on the transfer of the properties?

Answer

Yes.

You satisfy the basic conditions for the following reasons. A CGT event will happen in relation to a CGT asset of yours that will result in a gain. Additionally you carry on a business and your aggregated turnover is less than $2 million. You also satisfy the conditions of the active asset test as you have used the parcels of land for the entirety of your ownership period in the course of carrying on a business and the exceptions do not apply. Further information on the basic conditions can be found by searching 'QC 44192' 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 own a number of farming properties on which you have always carried on a primary production business.

Your aggregated turnover is less than $2 million.

You are planning on disposing of your properties.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 152-10

Income Tax Assessment Act 1997 section 152-35

Income Tax Assessment Act 1997 section 152-47

Income Tax Assessment Act 1997 section 328-115