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The AAT has held that a legal firm that carried on business from premises owned by the family trusts of a number of partners was not a small business CGT affiliate of one of the trusts, with the result that the premises were not an active asset for the purposes of the small business CGT concessions in Div 152 ITAA 1997. Specifically, there was no direct evidence that the legal firm acted or could be reasonably expected to act in accordance with the directions or wishes, or in concert with, the trustee of the family trust in respect of the conduct of its business. Accordingly, the Commissioner's decision not to allow the small business 50% reduction concession was upheld: Stephens and FCT [2008] AATA 176 (AAT, Fice M, 29 February 2008).

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