Some entities (including individuals) that make a capital gain after 11.45am on 21 September 1999 from a CGT asset acquired before that time and owned for at least 12 months, may choose to index the cost base (frozen as at 30 September 1999) or apply the CGT discount if certain conditions are satisfied.
Indexation is not available for assets acquired after 11.45am on 21 September 1999, but the CGT discount may apply if the relevant conditions are met.
The discount reduces a capital gain made by individuals (including partners in partnerships) and trusts by 50%. The discount for complying Superannuation funds is 33 1/3%. Companies are ineligible for the CGT discount.
There are further rules for beneficiaries receiving trust distributions who are entitled to a share of a trust capital gain. For more information refer to 'Trust distributions' in Part A of the Guide to capital gains tax 2009-10 (NAT 4151).
You offset capital losses against capital gains before applying the CGT discount. The CGT discount is applied before the small business CGT concessions (apart from the small business 15-year exemption). The main condition for the CGT discount is that you must have acquired the CGT asset at least 12 months before the CGT event giving rise to the capital gain. There are rules to prevent circumvention of the 12-month requirement. Certain CGT events, such as where new assets are created, do not qualify for the CGT discount because the 12-month rule would not be satisfied.
The CGT discount can apply to capital gains made on non-business assets as well as business assets.
Where we refer to 'after 11.45am on 21 September 1999' we are referring to after 11.45am, by legal time in the Australian Capital Territory, on 21 September 1999.
When we use the terms 'you' and 'your' in this guide, we are referring to any individual (such as a sole trader), partner of a partnership, company or trust that conducts a small business.
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