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The ATO has issued a Decision Impact Statement in relation to the AAT decision in Syttadel Holdings Pty Ltd and FCT [2011] AATA 589; 2011 ATC 10-199. The case concerned the market value of an asset to determine whether the maximum net asset value test threshold was satisfied and the entitlement to small business CGT concessions.

The AAT found for the Commissioner. The AAT was not persuaded by the taxpayer's valuation evidence as it involved adopting a market value by reference to offers made and the sum at which the taxpayer was prepared to sell. The ATO considers that the case was decided on its facts.


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