Taxation Determination

TD 96/35W

Income tax: capital gains: when does a person, who on or after 21 September 1989 grants to another a right to cut and remove timber from the grantor's land, dispose of the right? Is it when the right is granted or when the trees are felled?

• Please note that the PDF version is the authorised version of this withdrawal notice.
  TD 96/35 has been withdrawn as part of a project to review public rulings.
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Notice of Withdrawal

Taxation Determination TD 96/35 is withdrawn with effect from today.

1. TD 96/35 provides that the disposal of a right to cut and remove timber from land occurs when the right is granted.

2. TD 96/35 is being withdrawn to form part of a consolidated Determination on the tax treatment of the grant of an easement, profit à prendre or licence over an asset.

3. The issue covered by TD 96/35 is now considered in Taxation Determination TD 2018/15 Income tax: capital gains: does CGT event D1 happen if a taxpayer grants an easement, profit à prendre or licence over an asset?

Commissioner of Taxation
31 October 2018

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

Previously issued as draft TD 96/D5

References

ATO references:
NO 1-A61P18P