Capital Gains Tax (CGT) 2016

Small business restructure roll-over

Source: Taxation In Australia Journal Article

Published Date: 1 Feb 2016


In the 2015-16 federal Budget, the government announced that it would introduce new roll-over measures which would make it easier for small business owners to restructure, and permit their existing businesses to continue to operate, but through new legal structures, without triggering a capital gains tax (CGT) liability. Exposure draft legislation has since been released for comment.

This article recommends two further measures, to allow simplicity in changing business structure to occur as foreshadowed in the Budget, without inadvertently compromising access to CGT concessions otherwise available to a business owner. These measures would extend the definition of an eligible CGT asset to include shares in a small business entity (SBE) company and units in an SBE unit trust, possibly introducing an active asset test, and allow for continuation of the ownership period under the small business 15-year CGT concession for SBEs restructuring under the new small business restructure roll-overs.


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Capital Gains Tax (CGT) 2016

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