Published on 01 Feb 11
by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
Small businesses disposing of active assets can access the 50% CGT concession. Issues arise where the main use of the active asset is the generation of rental income. This issue arose in the Tingari Village case, where the Tribunal held that the active asset, a mobile home park, was structured to generate rent rather than an occupancy fee. This article examines the basis for this determination and the key element relating to exclusive possession of the site.