Skip to main content
shopping_cart

Your shopping cart is empty

15 Jun 06 13 draft Determinations on CGT and small business concessions - TDs 2006/D22-D34

On 14 June 2006, the ATO released the following 13 draft Taxation Determinations for public comment by 11 August 2006:

- TD 2006/D22 Income tax: capital gains: are all classes of shares (other than redeemable shares) issued by a company taken into account in determining if the company has a controlling individual under s 152-55(1) of ITAA 1997?

- TD 2006/D23 Income tax: capital gains: is a CGT asset that is leased by a taxpayer to a connected entity for use in the connected entity's business an active asset under s 152-40 of ITAA 1997?

- TD 2006/D24 Income tax: capital gains: can the clause 'the relevant business ceased to be carried on' in s 152-35(a)(ii) of ITAA 1997 be satisfied in the case of a taxpayer who sold the business to another?

- TD 2006/D25 Income tax: capital gains: small business concessions: can a share in a company or an interest in a trust qualify as an active asset under s 152-40(3) of ITAA 1997 if the company or trust owns interests in another entity that satisfies the '80% test'?

- TD 2006/D26 Income tax: capital gains: small business concessions: is the rollover of an eligible termination payment from a discretionary trust to a superannuation fund, in relation to an employee who is also a beneficiary of the trust, a 'distribution of income or capital' under s 152-55(3) of ITAA 1997 for the purposes of the controlling individual test?

- TD 2006/D27 Income tax: capital gains: small business concessions: what 'liabilities' are included in the calculation of the 'net value of the CGT assets' of an entity in the context of s 152-20(1) of ITAA 1997?

- TD 2006/D28 Income tax: capital gains: small business concessions: does a person who has the power to remove the trustee of a discretionary trust and appoint a new trustee control the trust for the purposes of s 152-30(2)(c)(ii) of ITAA 1997?

- TD 2006/D29 Income tax: capital gains: small business concessions: can trustees or members of a complying superannuation fund 'control' the superannuation fund in the way described in s 152-30 of ITAA 1997?

- TD 2006/D30 Income tax: capital gains: small business concessions: must a taxpayer receive actual capital proceeds from a CGT event to qualify for the small business retirement exemption under Subdivision 152-D of ITAA 1997?

- TD 2006/D31 Income tax: capital gains: are there any circumstances in which the premises used in a business of providing accommodation for reward may satisfy the active asset test in s 152-35 of ITAA 1997 notwithstanding the exclusion in s 152-40(4)(e) of ITAA 1997 for assets whose main use is to derive rent?

- TD 2006/D32 Income tax: capital gains: is a bank account or cash on hand included in the numerator of the '80% test' calculation in s 152-40(3)(b) of ITAA 1997?

- TD 2006/D33 Income tax: capital gains: small business concessions: is the part of a payment which is a small business 50% reduction amount a non-assessable part under CGT event E4 in s 104-70 of ITAA 1997?

- TD 2006/D34 Income tax: capital gains: small business concessions: is an entity that has a 'controller' under s 152-30 of ITAA 1997 necessarily a small business CGT affiliate under s 152-25(1)(b) of ITAA 1997 of that 'controller'?


Media Release Search
Keywords
Eg. TD 2005/D52 ALL words EXACT phrase WITHOUT words Date range
From To