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2021 Local Tax Club Series – Small Business CGT – Are My Assets Active? (Sydney)

Published on 19 Aug 2021 | Took place at Online, NSW

The concept of an “active asset” is fundamental to the application of the small business CGT concessions. Recent cases have created confusion amongst advisers and their clients in this supposedly “basic” area. This seminar sought to clarify some of the uncertainty and covered the following issues:

  • What is an active asset? (i.e. analysis of section 152-40 of the ITAA 1997)
  • Analysis of recent cases, guidelines and rulings (e.g. FCT v Eichmann [2019] FCA 2155 and SWPD and FCT [2020] AATA 555)
  • Review of recent amendments to the definition of active asset (e.g. “new” active asset test for shares or interests in trusts)
  • Practical case studies.

Individual sessions

Small Business CGT – Are My Assets Active?

Author(s):  Natalie Hewson

This presentation covers:

  • What is an active asset? (i.e. analysis of section 152-40 of the ITAA 1997)
  • Analysis of recent cases, guidelines and rulings (e.g. FCT v Eichmann [2019] FCA 2155 and SWPD and FCT [2020] AATA 555)
  • Review of recent amendments to the definition of active asset (e.g. “new” active asset test for shares or interests in trusts)
  • Practical case studies. 
Materials from this session: