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Questions & Answers: Division 43 and section 262A (4AJA) notice requirements for capital allowances


Practitioners are often called upon by clients to advise on the tax implications of buying and selling property that has been, or is intended to be, used to produce assessable income. Obviously, consideration of holding structures and capital gains tax issues will be at the forefront of both clients and practitioners minds in the pre-sale/pre-purchase due diligence process, but what about the capital works deduction provisions in Div 43 of the Income Tax Assessment Act 1997?

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Author Photo - Michael Parker CTA
Michael Parker CTA
Michael Parker, CTA, is a Partner in the taxation section of Hall & Wilcox Lawyers. His practice focuses on tax disputes, capital gains tax, business sales and acquisitions and restructuring. Michael has extensive experience handling disputes concerning the Small Business CGT Concessions, having acted for the taxpayers in White v FCT [2009] FCA 880, White v FCT [2012] FCA 109 and Altnot v FCT [2013] AATA 140, among other cases. Michael regularly consults to the Board of Taxation and Treasury including in respect of the small business CGT Concessions. He is a regular presenter for The Tax Institute. Current at 04 August 2016 Click here to expand/collapse more articles by Michael PARKER.
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