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New Division 152 concessions paper


This paper outlines the new small business CGT concessions, in particular:

  • what has changed post 1 July 2006?
  • are the concessions now better than before?
  • what shortcomings still exist in relation to the concessions?
  • what are the benefits of the significant individual test?
  • how many can access the concessions?
  • what are the additional conditions to be satisfied where an interposed entity sells shares in a subsidiary?
  • how do you manage the 90% test?
  • are the changes in the Exposure Draft going to impact these changes?
  • the manner in which the changes interact with the existing rules and identify intended and perhaps unintended costs and benefits
  • how the change to the definition of active asset impacts the future sale of assets used in past businesses
  • how the changes impact the application of the maximum net asset value test and the concept of the connected entity
  • the complications that arise for structures that have a discretionary trust
  • the impact for partnerships.

Author profile

Spyros Kotsopoulos CTA
Photo of author, Spyros KOTSOPOULOS Spyros is a Tax Consulting Partner at Deloitte Touche Tohmatsu in Sydney. Spyros is involved with clients in the middle market area that have a focus on using e-commerce in their business. The emphasis of Spyros’s work is on tax structuring and strategic tax planning. This involves taking a proactive approach when assisting clients who are seeking to expand their activities offshore and take advantage of the new opportunities offered via the internet. - Current at 04 April 2017
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This was presented at Manoeuvring the Maze: Tax Forum .

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