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This edited version has been archived due to the length of time since original publication.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

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 private advice

Authorisation Number: 1051527918057

Date of advice: 12 June 2019

Ruling

Subject: Capital gains tax

Question

Will the first element of the cost base and reduced cost base of the property be its market value at the time you acquired it?

Answer

Yes. In this case as you did not deal at arm's length with the previous owner when you acquired it, the first element of your cost base and reduced cost base for the property is its market value at the time of acquisition. Further information on elements of the cost base and reduced cost base can be found by searching 'QC 52174' on ato.gov.au

This ruling applies for the following periods:

Year ending 30 June 2019

Year ending 30 June 2020

Year ending 30 June 2021

Year ending 30 June 2022

Year ending 30 June 2023

The scheme commences on:

1 July 2018

Relevant facts and circumstances

You bought a property from your relative.

You paid $X! for the property.

At the time you acquired it, the property's market value was higher than the amount you paid.

You will sell the property during the period of this ruling.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 112-20