CGT Articles

CGT event K4

CGT event K4

What is CGT event K4?   CGT event K4 addresses a situation where a taxpayer that holds a CGT asset on capital account starts to instead hold that asset as trading stock. This is most common in a...

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CGT Event I1

CGT Event I1

What is CGT event I1?     CGT event I1 addresses a situation where an individual or company owns CGT assets and ceases being an Australian resident for taxation purposes.   The rules addressing the...

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CGT Event G1

CGT Event G1

What is CGT event G1?   CGT event G1 addresses a situation where a company makes certain payments to a shareholder.   Specifically, the requirements are that:   The company makes a payment to a...

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CGT Event K3

CGT Event K3

What is CGT event K3?   CGT event K3 addresses a situation where a taxpayer becomes deceased and a CGT asset that taxpayer owned passes to a beneficiary of the deceased estate, whereby the...

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CGT Event A1

CGT Event A1

What is CGT event A1?   CGT event A1 addresses a situation where a taxpayer disposes of a CGT asset.   A taxpayer disposes of a CGT asset where there is a change of ownership over the CGT asset.   ...

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CGT Event D1 and C2

CGT Event D1 and C2

CGT event D1 concerns the creation of contractual or other rights in another entity. Conversely, CGT event C2 concerns the cancellation, surrender or ending of a right. The somewhat connected nature...

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Forex Tax

Forex Tax

Foreign Exchange Gains and Losses  A taxpayer may make a windfall gain or loss due to fluctuations in exchange rates between the time the tax law recognises an amount and the time of realisation or...

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CGT Event E4

CGT Event E4

What is CGT Event E4?   CGT event E4 establishes a trigger for capital gains tax in a situation where a payment is made by the trustee of a trust to a beneficiary of that trust (in respect of an...

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Forex Tax

Foreign Exchange Gains and Losses  A taxpayer may make a windfall gain or loss due to fluctuations in exchange rates between the time the tax law recognises an amount and the time of realisation or receipt or payment of an amount. The amount of the gain or loss...

CGT Event E4

What is CGT Event E4?   CGT event E4 establishes a trigger for capital gains tax in a situation where a payment is made by the trustee of a trust to a beneficiary of that trust (in respect of an interest that beneficiary holds in the trust) where any part of that...

Life interest – Right to reside

The tax consequences of creating a life interest and a right to reside are set out in Taxation Ruling 2006/14. In respect of life interests, it is worth understanding from the outset that there are two distinct forms of life interests: equitable and legal. An...

Scrip for Scrip Rollover

The scrip for scrip rollover is designed to enable the exchange of shares in a company or units in a trust for other shares or units without capital gains tax being triggered. The exchange of units and shares between entities is a regular occurrence when a business is...

Small Business Entity

An entity is a small business entity if it: carries on a business, and satisfies the $10 million aggregated turnover test A CGT small business entity is an entity that is a small business entity that also satisfies an aggregated turnover test of $2 million TR 2019/1...

Share Buyback Tax

What is a share buyback? A share buyback involves a company purchasing its own shares from shareholders. The company is thereafter required to cancel those purchased shares. A share buyback is not the same as the redemption of shares whereby the company redeems shares...

Tax on Options

What is an option?An option is a right to acquire an asset from the grantor (call option) or dispose of an asset to the grantor (put option) at a specified future time and at a specified price (the exercise price). The grantee pays an amount (the option premium) to...

Taxation of Special Lease Payments

It is common for a lessor (landlord) or lessee (tenant) to make special payments to the other in respect of lease arrangements. Examples of these types of payments include: Lease surrender payments Lease incentive payments Lease variation payments Lease premium...

Small Business Restructure Rollover

It is very common for a small business to restructure to facilitate growth or adapt to commercial needs. By ‘restructure’ we refer to the process of changing the legal structure used to operate a business. Legal structures include the following: Sole Trader...

Buy Sell Agreement – CGT Implications

Owners of a business (including family businesses) can plan for the proper succession of their business on the death or disablement of an owner or controller by entering into “buy/sell” agreements. This typically involves granting call and put options to each other...