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16 Apr 12 CGT amendments: share sale facility interactions with CGT roll-overs

With effect from 7.30pm (AEST) on 11 May 2010, amendments were made to allow Australian resident interest holders access to a broader range of CGT roll-overs where an entity restructures using a share or interest sale facility for foreign interest holders.

The amendments were made by the Tax Laws Amendment (2011 Measures No 9) Act 2012, which received the Royal Assent on 21 March 2012.

The ATO has announced its proposed administrative treatment of these amendments.

The ATO accepted tax returns as lodged during the period up until enactment of the legislation. Assessments were not subject to review until the outcome of the proposed amendment was known.

As the new law is now enacted, taxpayers will need to review their positions:

  • Those taxpayers who chose roll-over relief which accords with the changes do not need to do anything more.
  • Those taxpayers who did not choose roll-over relief can seek amendments and, if a reduction in liability results, interest on overpayment will be paid.
  • Those taxpayers who chose to anticipate the roll-over relief, but find that this does not accord with the changes will need to seek amendments.

In these cases no tax shortfall penalties will be applied and any interest accrued will be remitted to the base interest rate up to the date of enactment (21 March 2012) of the law change. In addition, any interest in excess of the base rate accruing after 21 March 2012 will be remitted where taxpayers actively seek to amend assessments within a reasonable timeframe after 21 March 2012.

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