Taxation Determination

TD 95/11W

Income tax: capital gains: does the requirement to disregard capital losses in subparagraph 47(1A)(b)(ii) of the Income Tax Assessment Act (1936) affect the application of the Archer Brothers principle*?

• Please note that the PDF version is the authorised version of this withdrawal notice.
  This Determination has been replaced by TD 2000/5
  This document has changed over time. View its history.

FOI status:

may be releasedFOI number: 1016095

Notice of Withdrawal

Taxation Determination TD 95/11 is withdrawn with effect from today.

The Determination has been rewritten to update it with the recent Corporations Law changes.

The Determination has been replaced by Taxation Determination TD 2000/5, which issued today.

Commissioner of Taxation
19 January 2000

Previously issued as Draft TD 94/D110.

References

ATO references:
NO CGT Cell (CGDTLIQ2); NAT 94/8634-8

Related Rulings/Determinations:

TD 95/10
TD 95/12
TD 95/13
TD 9514
TD 9515

Subject References:
capital gains
capital losses
distributions
dividends
liquidation
shares

Legislative References:
ITAA 47(1)
ITAA 47(1A)
ITAA 47(1A)(b)
ITAA 47(1A)(b)(ii)

Case References:
Archer Brothers Pty Ltd (in vol liq) v. FC of T
(1952-1953) 90 CLR 140
18 ATD 192