Tax tips: CGT small business relief: active asset
Non Member Price: $28.00
Published on 01 Apr 21 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
A determination released by the Commissioner in February 2021 considers some issues relating to how the “active asset” definition operates.
Author profile
John Gaal
TaxCounsel is a niche tax publisher which provides comprehensive and practical guidance to practitioners on important matters affecting their clients. The company was formed by John Gaal, who for over 30 years, has written extensively on a wide range of taxation matters for a number of publishers including the Taxation Institute of Australia. - Current at 22 October 2020More by TAXCOUNSEL
- Tax News – at a glance: March – What happened in tax? - 01-April-2021
- Tax News – At a glance: December – What happened in tax? - 01-March-2021
- Tax News – At a glance: February – What happened in tax? - 01-March-2021
- Tax Tips: Options and land: CGT and GST - 01-March-2021
- Tax tips: Construction issues - 01-February-2021
- Tax News – at a glance: November – What happened in tax? - 01-December-2020
- Tax tips: Proving your case - 01-December-2020
- Tax tips: Active asset test - 01-November-2020
- Tax News – At a glance: October – What happened in tax? - 01-November-2020
- Tax News – At a glance: September – What happened in tax? - 01-October-2020
- Tax tips: The Commissioner’s discretions: The court’s role - 01-October-2020
- Tax News – At a glance: August – What happened in tax? - 01-September-2020
- Tax tips: Division 7A and COVID-19 - 01-September-2020
- Tax tips: Discretionary trusts: NSW surcharge changes - 01-August-2020
- Tax News – At a glance: July – What happened in tax? - 01-August-2020
- Tax tips: Discretionary trusts: some practical issues - 01-July-2020
- Tax News – At a glance: June – What happened in tax? - 01-July-2020
- Tax tips: Foreign residents and CGT - 01-June-2020
- Tax News – At a glance: May – What happened in tax? - 01-June-2020
- Tax tips: Declaration of trust - 01-May-2020
- Tax News – At a glance: April – What happened in tax? - 01-May-2020
- Tax news - At a glance: March – What happened in tax? - 01-April-2020
- Tax tips: A transfer of goodwill? - 01-April-2020
- Tax tips: CGT choices: Timing issues A - 01-March-2020
- Tax News – At a glance: February – What happened in tax? - 01-March-2020
- Tax News - at a glance: December – What happened in tax? - 01-February-2020
- Tax tips: Active asset test - 01-February-2020
- Tax News – At a glance: November – What happened in tax? - 01-December-2019
- Tax tips: Vacant land deductions - 01-December-2019
- Tax news - At a glance: October – What happened in tax? - 01-November-2019
- Tax tips: Testamentary trusts and minors - 01-November-2019
- Tax tips: Were there loans? - 01-October-2019
- Tax news at a glance - September – What happened in tax? - 01-October-2019
- Tax tips: Vacant land: The deduction amendments - 01-September-2019
- Tax news at a glance - August – What happened in tax? - 01-September-2019
- Tax news: July – What happened in tax? - 01-August-2019
- Tax tips: Tax indemnities - 01-August-2019
- Tax tips: CGT main residence: adjacent land issues - 01-July-2019
- Tax news at a glance: June – What happened in tax? - 01-July-2019
- Tax News – At a glance: May – What happened in tax? - 01-June-2019
- Tax tips: The journey to fiscal enlightenment - 01-June-2019
- Tax News – At a glance: April – What happened in tax? - 01-May-2019
- Tax tips: Trust deed mistakes - 01-May-2019
- Tax tips: Small business entity status: A side benefit - 01-April-2019
- Taxing issues: March – What happened in tax? - 01-April-2019
- Tax tips: Profit-making transactions - 01-March-2019
- Taxing issues: February – What happened in tax? - 01-March-2019
- Taxing issues: December – What happened in tax? - 01-February-2019
- Tax tips: GST: Contractual issues again! - 01-February-2019
- Taxing issues: November – What happened in tax? - 01-December-2018
- Tax tips: CGT event D1: Creating rights - 01-December-2018
- Tax tips: Base rate entity: Aggregated turnover test - 01-November-2018
- Taxing issues: October – What happened in tax? - 01-November-2018
- Tax tips: What is a base rate entity? - 01-October-2018
- Taxing issues: September – What happened in tax? - 01-October-2018
- Taxing issues: August – What happened in tax? - 01-September-2018
- Tax tips: Capital or revenue losses? - 01-September-2018
- Taxing issues: July – What happened in tax? - 01-August-2018
- Tax tips: Coping with discretionary trusts - 01-August-2018
- Taxing issues: June – What happened in tax? - 01-July-2018
- Tax tips: Joint bank accounts - 01-July-2018
- Tax tips: CGT relationship roll-over relief - 01-June-2018
- Taxing issues: May – What happened in tax? - 01-June-2018
- Tax tips: Caveat emptor: New residential premises - 01-May-2018
- Taxing issues: April – What happened in tax? - 01-May-2018
- Tax tips: Were there loans? - 01-April-2018
- Tax tips: Carrying on business: A new frontier - 01-March-2018
- Taxing issues: February – What happened in tax? - 01-March-2018
- Tax tips: GST: It’s in the box - 01-February-2018
- Taxing issues: December – What happened in tax? - 01-February-2018
- Tax tips: Corporate tax rate issues - 01-December-2017
- Taxing issues: November – What happened in tax? - 01-December-2017
- Tax tips: “Contingent” discretionary trust distributions? - 01-November-2017
- Taxing issues: October – What happened in tax? - 01-November-2017
- The charity concept: a recent examination - 01-October-2017
- September – what happened in tax? - 01-October-2017
- August – what happened in tax? - 01-September-2017
- Retrospectivity and tax law - 01-September-2017
- Tax tips: Post-30 June: anything to do? - 01-August-2017
- Taxing issues: July – What happened in tax? - 01-August-2017
- Tax tips: Foreign resident CGT withholding: A refresher - 01-July-2017
- Taxing issues: June - What happened in tax? - 01-July-2017
- Tax tips: What is land “used for”? - 01-June-2017
- Taxing issues: May – What happened in tax? - 01-June-2017
- Tax tips: CGT: incidental costs - 01-May-2017
- Taxing issues: April – What happened in tax? - 01-May-2017
- Tax tips: GST: “Plus GST” or no GST? - 01-April-2017
- Taxing issues: March - What happened in tax? - 01-April-2017
- Taxing issues: February - What happened in tax? - 01-March-2017
- Tax tips: State taxes and amended assessments - 01-March-2017
- Tax tips: Discretionary trusts: Beneficiary issues - 01-February-2017
- Taxing issues: December – What happened in tax? - 01-February-2017
- Taxing issues: November – What happened in tax? - 01-December-2016
- Tax tips: Tax law partnerships: Some points - 01-December-2016
- Tax tips: What is in the constitution? - 01-November-2016
- Taxing issues: October - What happened in tax? - 01-November-2016
- Taxing issues: September - What happened in tax? - 01-October-2016
- Tax tips: Are you going by the code? - 01-October-2016
- Taxing issues: August - What happened in tax? - 01-September-2016
- Tax tips: CGT choices: some points - 01-September-2016
- Taxing issues: July - What happened in tax? - 01-August-2016
- “Reasonably arguable” - 01-August-2016
- Tax tips: 1 = 2 - 01-July-2016
- Taxing issues: June - What happened in tax? - 01-July-2016
- Taxing issues: May - What happened in tax? - 01-June-2016
- Tax tips: Vendor and purchaser of land - 01-June-2016
- Taxing issues: April - What happened in tax? - 01-May-2016
- Tax tips: Construction issues - 01-May-2016
- Taxing issues: March - What happened in tax? - 01-April-2016
- Tax tips: Small business entity restructures - 01-April-2016
- Tax tips: Tax administration - 01-March-2016
- Taxing issues: February – What happened in tax? - 01-March-2016
- Tax tips: Non-residents: CGT compliance measures - 01-February-2016
- Taxing issues: December - What happened in tax? - 01-February-2016
- Tax tips: Control issues - 01-December-2015
- Taxing issues: November - What happened in tax? - 01-December-2015
- Tax tips: Wills: A tax perspective - 01-November-2015
- Taxing issues: October - What happened in tax? - 01-November-2015
- Taxing issues: September – What happened in tax? - 01-October-2015
- Tax tips: Guilty by association - 01-October-2015
- Tax tips: Discretionary trusts: Some distribution issues - 01-September-2015
- Taxing issues: August - What happened in tax? - 01-September-2015
- Taxing issues: July - What happened in tax? - 01-August-2015
- Tax tips: Division 7A issues - 01-July-2015
- Taxing issues: June - What happened in tax? - 01-July-2015
- Tax tips: CGT concession stakeholder - 01-June-2015
- Taxing issues - May - what happened in tax? - 01-June-2015
- Tax tips: Going away? The main residence exemption absence concession - 01-May-2015
- Taxing issues: April - What happened in tax? - 01-May-2015
- Taxing issues: March - What happened in tax? - 01-April-2015
- Tax tips: Unit trusts: NSW land tax - 01-April-2015
- Tax tips: What is a “settlement”? - 01-March-2015
- Taxing issues: February – What happened in tax? - 01-March-2015
- Tax tips: McClelland’s case: A shaky reed? - 01-February-2015
- Taxing issues: January - What happened in tax? - 01-February-2015
- Tax tips: Market value issues - 01-December-2014
- Taxing issues: November – What happened in tax? - 01-December-2014
- Tax tips: A control(led) backflip - 01-November-2014
- Taxing issues: October – What happened in tax? - 01-November-2014
- Tax tips: Code of Professional Conduct: Confidentiality - 01-October-2014
- Taxing issues: September – What happened in tax? - 01-October-2014
- Taxing issues: August – What happened in tax? - 01-September-2014
- Tax tips: GST: Contractual issues - 01-September-2014
- Tax tips: Penalties and tax agents - 01-August-2014
- Taxing issues: July – What happened in tax? - 01-August-2014
- Tax tips: Post-30 June issues - 01-July-2014
- Taxing issues: June – What happened in tax? - 01-July-2014
- Tax tips: One dash three - 01-June-2014
- Taxing issues: May – What happened in tax? - 01-June-2014
- Tax tips: Trust resolutions - 01-May-2014
- Taxing issues: April – What happened in tax? - 01-May-2014
- Taxing issues: March – What happened in tax? - 01-April-2014
- Tax tips: Charities - Endorsement issues - 01-April-2014
- Tax tips: “Settlement” and other CGT issues - 01-March-2014
- Tax tips: February – What happened in tax? - 01-March-2014
- Taxing issues: January – What happened in tax? - 01-February-2014
- Tax tips: Discretionary trusts: A wider perspective - 01-February-2014
- Tax tips: Money, money, money … the sequel - 01-December-2013
- Taxing issues: November – What happened in tax? - 01-December-2013
- Tax tips: GST: Purchase of leased premises - 01-November-2013
- Taxing issues: October – What happened in tax? - 01-November-2013
- Tax tips: Charities and tax - 01-October-2013
- Taxing issues: September - What happened in tax? - 01-October-2013
- Tax tips: Money, money, money - 01-September-2013
- Taxing issues: August – What happened in tax? - 01-September-2013
- Tax tips: Significant individual: A problem - 01-August-2013
- Taxing issues: July – What happened in tax? - 01-August-2013
- Taxing issues: June – What happened in tax? - 01-July-2013
- Tax tips: Unit trust – Was it a special trust? - 01-July-2013
- Taxing issues: May - What happened in tax? - 01-June-2013
- Tax tips: Unlawful use and occupation: Principal residence exemption? - 01-June-2013
- Tax tips: Maximum net asset value test - 01-May-2013
- Taxing issues: April – What happened in tax? - 01-May-2013
- Taxing issues: March – What happened in tax? - 01-April-2013
- Tax tips: School building funds - 01-April-2013
- Taxing issues: February – What happened in tax? - 01-March-2013
- Tax tips: “Beneficiary” - 01-March-2013
- Taxing issues: December - What happened in tax? - 01-February-2013
- Tax tips: Discretionary trusts: Some current issues - 01-February-2013
- Taxing issues: November - What happened in tax? - 01-December-2012
- Taxing issues: October – What happened in tax? - 01-November-2012
- Tax tips: Maximum net asset value test - 01-November-2012
- Taxing issues: September – What happened in tax? - 01-October-2012
- Tax tips: Mortgagee v ATO - 01-October-2012
- Tax tips: Approved forms - 01-September-2012
- Taxing issues: August - What happened in tax? - 01-September-2012
- Taxing issues: July – What happened in tax? - 01-August-2012
- Tax tips: Division 7A developments - 01-August-2012
- June - What happened in tax? - 01-July-2012
- Tax tips: Discretionary trust distributions: Post-30 June issues - 01-July-2012
- May - What happened in tax? - 01-June-2012
- Tax tips: Trust problems - 01-June-2012
- Tax tips: The income of a trust - 01-May-2012
- Taxing issues: April - What happened in tax? - 01-May-2012
- Taxing issues: March - What happened in tax? - 01-April-2012
- Tax tips: Connected but not counted? - 01-April-2012
- Tax tips: Lodgment day issues - 01-March-2012
- February - What happened in tax? - 01-March-2012
- Taxing issues: December - What happened in tax? - 01-February-2012
- Tax tips: “Beneficiary” - What does it mean? - 01-February-2012
- Taxing issues: November - What happened in tax? - 01-December-2011
- Tax tips: Grant of an option - 01-December-2011
- Tax tips: Not-for-profits: Some GST issues - 01-November-2011
- Taxing issues: October - What happened in tax? - 01-November-2011
- Tax tips: CGT small business reliefs: Timing issues - 01-October-2011
- Taxing issues: September – What happened in tax? - 01-October-2011
- Tax tips: Income derived – Reasonably arguable position? - 01-September-2011
- Taxing issues: August – What happened in tax? - 01-September-2011
- Tax tips: Maximum net asset value test - 01-August-2011
- July – What happened in tax? - 01-August-2011
- Tax tips: 30 June or 31 August - Can you take your pick? - 01-July-2011
- Taxing issues: June - What happened in tax? - 01-July-2011
- Taxing issues: May – What happened in tax? - 01-June-2011
- Tax tips: 30 June – More problems! - 01-June-2011
- Tax tips: Arm’s length issues - 01-May-2011
- Taxing issues: April - What happened in tax? - 01-May-2011
- Taxing issues: March – what happened in tax? - 01-April-2011
- Tax tips: CGT main residence: Adjacent land - 01-April-2011
- Cash takings as dividends … - 01-March-2011
- Tax tips: Some trust principles - 01-March-2011
- Tax tips: To be used? That is the question … - 01-February-2011
- Taxing issues: Taxing issues - 01-February-2011
- Tax tips: Self-education expenses - 01-December-2010
- Taxing issues - 01-December-2010
- Tax tips: UPEs and Div 7A: another instalment - 01-November-2010
- Taxing issues - 01-November-2010
- Tax tips: Main residence: deceased estates - 01-October-2010
- Taxing issues: Taxing issues - 01-October-2010
- Tax tips: Division 7A: The current state of play - 01-September-2010
- Taxing issues: August - What happened in tax? - 01-September-2010
- Taxing issues - 01-August-2010
- Tax tips: The income of a trust - 01-August-2010
- Tax tips: Tax planning post-30 June - 01-July-2010
- Taxing issues - 01-July-2010
- Taxing issues - 01-June-2010
- Tax tips: Earnout arrangements - CGT changes - 01-June-2010
- Taxing issues - 01-May-2010
- Tax tips: Division 7A and the provision of assets - 01-May-2010
- Taxing issues - 01-April-2010
- Trusts and TFN withholding - 01-April-2010
- Tax tips - 01-March-2010
- Taxing issues - 01-March-2010
- Taxing issues - 01-February-2010
- Tax tips: GST and litigation - 01-February-2010
- Taxing issues - 01-December-2009
- Tax tips: Phoenix schemes – what is the solution? - 01-December-2009
- Taxing issues - 01-November-2009
- Tax tips: GST – draft with clarity - 01-November-2009
- CGT small business relief – unresolved issues - 01-October-2009
- Taxing issues - 01-October-2009
- Taxing issues - 01-September-2009
- Tax tips: Defining your way out of Division 6? - 01-September-2009
- Taxing issues - 01-August-2009
- Tax tips: Unrealised gains as income of trust - 01-August-2009
- Taxing issues - 01-July-2009
- Tax tips: An extra-statutory concession power? - 01-July-2009
- Taxing issues - 01-June-2009
- Tax tips: Main residence exemption - adjacent land problems - 01-June-2009
- Tax tips: Trusts – some matters of interest - 01-May-2009
- Taxing issues - 01-May-2009
- Taxing issues - 01-April-2009
- Tax tips: Carrying on business by agent - 01-April-2009
- Taxing issues - 01-March-2009
- Tax tips: Supplier and acquirer – GST tensions - 01-March-2009
- Taxing Issues - 01-February-2009
- Tax Tips: Creating a capital loss – a recent UK experience - 01-February-2009
- Taxing Issues - 01-December-2008
- Tax Tips: Affiliates and connected entities - 01-December-2008
- Taxing issues - 01-November-2008
- Tax tips: Division 7A – vigilance needed - 01-November-2008
- Taxing issues - 01-October-2008
- Tax tips: Partition of land - 01-October-2008
- Taxing Issues - 01-September-2008
- Tax tips: CGT small business reliefs uncertainties - 01-September-2008
- Taxing issues - 01-August-2008
- Tax tips: Same business test – company losses - 01-August-2008
- Taxing Issues - 01-July-2008
- Tax tips: GST margin scheme developments - 01-July-2008
- Taxing issues - 01-June-2008
- Tax tips: Amendment of assessments for Capital Gains Tax - 01-June-2008
- Taxing issues - 01-May-2008
- Tax tips: 30 June 2008 approaches - 01-May-2008
- Taxing issues - 01-April-2008
- Tax tips: ATO advice - 01-April-2008
- Taxing issues: March 2008 - 01-March-2008
- Tax Tips: Creating a capital loss – a recent UK experience - 01-March-2008
- Taxing issues - 01-February-2008
- Tax tips: Trust cloning – trusts with same beneficiaries and terms - 01-February-2008
- Taxing issues - 01-December-2007
- Tax tips: What is the time? - 01-December-2007
- Taxing issues - 01-November-2007
- Tax Tips: Interpreting the tax law - 01-November-2007
- Taxing issues - 01-October-2007
- Tax tips: Family trusts - 01-October-2007
- Taxing issues - 01-September-2007
- Tax tips: Connected entities – then and now - 01-September-2007
- Taxing issues - 01-August-2007
- Tax tips: Division 7A – the new landscape - 01-August-2007
- Taxing issues - 01-June-2007
- Tax tips: Deceased estates and GST - 01-June-2007
- Taxing Issues - 01-May-2007
- Tax Tips: Section 109 - a resurgence? - 01-May-2007
- Taxing Issues - 01-April-2007
- Tax Tips: Schemes - some points - 01-April-2007
- Taxing Issues - 01-March-2007
- Tax Tips: 'Income' and 'capital' of a trust - 01-March-2007
- Taxing Issues - 01-February-2007
- Tax Tips : CGT small business relief – the unannounced changes - 01-February-2007
- Taxing issues - 01-December-2006
- Tax tips: CGT cost base issues - 01-December-2006
- Tax Tips: Some trust issues - 01-November-2006
- Taxing issues - 01-November-2006
- Taxing Issues - 01-October-2006
- Tax Tips: CGT main residence exemption - 01-October-2006
- Taxing Issues - 01-September-2006
- Tax Tips: CGT Reliefs - Deceased Estates - 01-September-2006

Copyright Statement
The Tax Institute
(ABN 45 008 392 372 (PRV14016))
("TTI")
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
Copyright Statement
All materials provided on this site are protected by copyright and are owned by or licensed to TTI.
Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.
Contact
- Contact us
- Help
- 1300 829 338
- tti@taxinstitute.com.au
- State Office Contacts
© 1996-2021 The Tax Institute (ABN 45 008 392 372 (PRV14016)). All rights reserved. The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.