Unravelling the enigma: Cracking the small business CGT concessions code

Source: Online

Published Date: 9 Jun 2023


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The small business CGT concessions can seem like a riddle, wrapped in a mystery. This session addresses some practical problems that arise in practice when applying the concessions, provide tips on how to deal with them, and help you crack the code. Topics covered include:

  • Active asset issues
    • Is a business being carried on?
    • For land, must the whole of the land be active?
  • Partnership issues
    • General law partnership versus tax law partnership
    • Identifying the asset that is being sold – is it an “interest in an asset of a partnership”
  • Replacement asset issues
    • What are the timing rules for contributions to super when CGT event J5 or J6 occurs?
    • Does CGT event J2 occur if the owner of the replacement asset dies? Can section 152-80 offer relief?
  • Other discrete issues
    • How do the CGT look-through earn-out rules affect the small business CGT concessions; and
    • Is liquidating a company to distribute a 152-C amount always a good option.


  • Published By: Edward Hennebry
  • Published On:9 Jun 2023
  • Took place at:Online

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