| Disclaimer This edited version has been archived due to the length of time since original publication.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 private advice
Authorisation Number: 1051567308413
Date of advice: 20 August 2019
Ruling
Subject: Capital gains tax: small business concessions: affiliates
Question
Are either Individual A or Individual B your affiliates?
Answer
Yes. The Commissioner considers both Individual A and Individual B are your affiliates as the conditions in section 328-130 of the Income Tax Assessment Act 1997 (ITAA 1997) are met.
This ruling applies for the following period:
Year ended 30 June 2018
The scheme commences on:
1 July 2017
Relevant facts and circumstances
You owned the property.
You sold the property.
During the ownership period of the property, Individual A and Individual B used the property in a partnership operated by them.
There was no lease agreement.
You were not paid rent.
You have relevant qualifications.
Individual A and Individual B regularly discussed and consulted with you about the business.
You provided advice when making major business decisions including the need for the property.
There was no formal agreement between you and either Individual A or Individual B.
You were not paid.
You provided bank guarantees and indemnities.
You provided the property as security.
The partnership is a small business entity.
The property is an active asset.
Relevant legislative provisions
Income Tax Assessment Act 1997 division 152
Income Tax Assessment Act 1997 section 328-130