Miscellaneous 2009

Time of CGT event C2: A polemic

Source: The Tax Specialist Journal Article

Published Date: 1 Jun 2009

Where a taxpayer’s contractual right is discharged by performance of the contract, the ATO view is that the time of CGT event C2 is when the performance occurs. Kai Zhang argues that the correct CGT time should be when the contract is entered into. The ATO view is arguably mistaken because it is based on the Dulux case, which is concerned with the former ITAA36 provisions but is no longer relevant for determining the time of CGT event C2 under the ITAA97 provisions.

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Miscellaneous 2009

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