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Tim Lebbon's Market value: a vital tax concept paper


The income tax legislation regularly defers to a conception of market value in the determination of tax liabilities. At the same time there is no assistance under the legislation as to how market value is ascertained. This paper approaches the issue by reference to valuation principles with a view to providing guidance to taxpayers on how to safely self assess value, including:

  • when does the Tax Act use 'market value' and what does the Tax Act/case law tell us 'market value' is?
  • the CGT market value substitution rule
  • the practicalities of retrospective determination (deceased estates and Div 149)
  • dividing intangible values from a taxation perspective
  • is the value of the asset the sum of its composite parts?
  • definition of 'market value' from a valuation perspective
  • key valuation parameters and valuation approaches
  • integrity of valuations
  • valuation processes
  • dividing intangible values from a valuation perspective
  • valuation problems:
    • goodwill
    • investment/market value
    • shares in private companies
    • minority interests.

Author profile

Tim Lebbon
Tim is Executive Director of Leadenhall Australia Limited. He has over 20 years' experience in consulting and corporate advisory work and over 10 years' experience in accounting and auditing. He has specialist skills and experience in financial analysis, evaluations, negotiations and investment. Tim is the co-author of the major reference work, Australian Valuation Handbook. - Current at 04 March 2005


This was presented at 39th South Australian State Convention: A Fine Blend - Barossa Valley .

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