Published on 01 Jun 09
by "THE TAX SPECIALIST" JOURNAL ARTICLE
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.
Kai is a Tax Consultant with Greenwoods & Freehills.
- Current at
01 June 2009