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Using contract law to manage capital gains tax exposures paper


Tax is levied on capital proceeds from CGT events as defined by tax law; but the when, which and what of the CGT event is often a matter of contract law rather than tax law. Contract law determines the time and identity of the event, and the value of the capital proceeds. This paper considers:

  • using contracts to determine timing of disposals
  • using earn-out contracts to defer receipt of capital proceeds
  • using contracts to choose the relevant CGT event
  • amendments, novations and assignments of contracts.

Author profile:

Author Photo - Cameron RIDER
Cameron RIDER
Cameron practices in corporate and international tax at Allens Arthur Robinson. Cameron’s practice currently encompasses corporate restructures and acquisitions (including in the mining sector), consolidation, taxation of financial arrangements and foreign currency transactions, taxation of intellectual property, and international transfer pricing. Cameron has returned as a Tax Partner at Allens Arthur Robinson after a period as Professor of Taxation Law at the University of Melbourne.
Current at 9 February 2009
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