| Disclaimer 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: 1052224835992
Date of advice: 21 February 2024
Ruling
Subject: High yield investment scheme - capital loss
Question 1
Did you acquire a CGT asset (as defined in section 108-5 of the Income Tax Assessment Act 1997 (ITAA 1997)) as a result of entering into a high yield investment scheme?
Answer
Yes. You acquired a CGT asset being a contractual right at the time of entering the arrangement.
Question 2
Did a CGT event subsequently happen to that contractual right?
Answer
Yes. CGT event C1 happened in respect of the contractual right when the contractual right ended. Section 104-20 of the ITAA 1997 outlines the rules for CGT event C1.
This ruling applies for the following period:
Year ending 30 June 20xx
The scheme commenced on:
1 July 20xx
Relevant facts and circumstances
In 20XX you engaged an overseas-based broker to purchase shares.
In 20XX you directed the broker to sell those shares. The firm directed you to telephone numbers that did not answer or were disconnected, and eventually stopped responding to you at all.
You later contacted police in the broker's jurisdiction, but they were unable to assist you. You realised that you had never received any genuine investments.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 104-20
Income Tax Assessment Act 1997 section 108-5