Guide to capital gains tax 2013

This version is no longer current. Please follow this link to view the current version.

• This document has changed over time. View its history.

More information

Publications and rulings

To get any publication referred to in this guide:

• go to:
  • ato.gov.au for publications and forms
  • law.ato.gov.au for rulings, determinations and practice statements
  • phone 1300   720   092
  • visit one of our shopfronts .

 

Publications

Publications relevant to this guide include:

Amendments to scrip for scrip rollover, the small business concessions and beneficial interests Capital gains tax (CGT) concessions for small business - overview Capital gains tax (CGT) concessions for small business - more changes for the 2007-09 years Capital gains tax (CGT) schedule 2013 (NAT 3423) Capital gains tax - exemption for incentives related to renewable resources Carrying on a business of share trading Choices you make under capital gains tax Company tax return instructions 2013 (NAT   0669) Division 7A - overview Employee share schemes - answers to frequently asked questions by employees Employee share scheme rollover relief Foreign exchange (forex): acquisition of a CGT asset (NAT   10557) Foreign exchange (forex): acquisition of a CGT asset (election out of 12 month rule) (NAT   10625) Foreign exchange (forex): disposal of CGT asset denominated in foreign currency - incidental costs (election out of 12   month rule) (NAT   10627) Foreign exchange (forex): disposal price of CGT asset denominated in foreign currency (NAT   10628) Foreign exchange (forex): disposal price of CGT asset denominated in foreign currency (election out of 12   month rule) (NAT   10654) Foreign exchange (forex): overview Foreign exchange (forex): the 12 month rule (NAT   9391) Foreign exchange (forex): the general translation rule (NAT   9339) Foreign income exemption for Australian residents and temporary residents - employee share schemes General value shifting regime: overview of provisions (NAT   8366) General value shifting regime: who it affects Guide to capital gains tax concessions for small business 2013 (NAT 8384) Guide to depreciating assets 2013 (NAT 1996) Guide to tax losses Guide to the general value shifting regime (NAT 8321) Guide to the taxation of financial arrangements (TOFA) rules Improving the taxation of trust income Look-through treatment for earnout arrangements No capital gains tax for properties in natural disaster land swap programs Personal investors guide to capital gains tax 2013 (NAT   4152) Rental properties 2013 (NAT   1729) Shares and other securities that become worthless Shortfall interest charge - fact sheet Tax relief for investors in instalment warrants The ATO's approach to dealing with retrospective law changes Transferring real estate to family or friends Venture capital tax concession: overview You and your shares 2013 (NAT   2632)

 

Rulings and determinations

These are available from the ATO's legal database at law.ato.gov.au

Draft Taxation Ruling TR 2007/D10 - Income tax: capital gains: capital gains tax consequences of earnout arrangements Taxation Determination TD 97/3 Income tax: capital gains: if a parcel of land acquired after 19 September 1985 is subdivided into lots ('blocks'), do Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 treat a disposal of a block of the subdivided land as the disposal of part of an asset (the original land parcel) or the disposal of an asset in its own right (the subdivided block)? Taxation Ruling TR 92/3   - Income tax: whether profits on isolated transactions are income Taxation Ruling TR 95/35   - Income tax: capital gains: treatment of compensation receipts Taxation Ruling TR 2002/10   - Income tax: capital gains tax: assets register Taxation Ruling TR 2004/18   - Income tax: capital gains: application of CGT event K6 (about pre-CGT shares and pre-CGT trust interests) in section 104-230 of the Income Tax Assessment Act 1997 Taxation Ruling TR 2006/14   - Income tax: capital gains tax: consequences of creating life and remainder interests in property and of later events affecting those interests

 

More information

Phone

We can offer a more personalised service if you provide a tax file number (TFN).

Individual tax 13   28   61

Individual income tax and general personal tax enquiries, including capital gains tax

Business 13   28   66

Information about business income tax, fringe benefits tax (FBT), fuel tax credits (FTC), goods and services tax (GST), pay as you go (PAYG) and activity statements, including lodgment and payment, accounts and business registration (including Australian business number and tax file number), dividend and royalty withholding tax.

Superannuation 13   10   20

Other services

If you do not speak English well and need help from the ATO, phone the Translating and Interpreting Service (TIS) on 13   14   50 .

If you are deaf or have a hearing or speech impairment, phone the ATO through the National Relay Service (NRS) on the numbers listed below, and ask for the ATO number you need:

TTY users, phone 13   36   77 . For ATO 1800 free call numbers, phone 1800   555   677 .

Speak and Listen users, phone 1300   555   727 . For ATO 1800 free call numbers, phone 1800   555   727 .

Internet relay users, connect to the NRS at www.relayservice.com.au

 

ATO references:
NO NAT 4151