Guide to capital gains tax 2021

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Publications and rulings

To get any publication that we talk about in this guide:

• Forms and instructions
• ato.gov.au/law for rulings, determinations and practice statements
• phone 1300 720 092

Publications

Publications relevant to this guide include:

• Capital gains tax (CGT) schedule 2021
• Company tax return instructions 2021
• Earnout arrangements and CGT
• Employee share schemes
• ESS - foreign income exemption for Australian residents and temporary residents
• ESS - rollover relief
• Foreign exchange gains and losses
• Foreign resident capital gains withholding payments - impacts on foreign and Australian resident
• General value shifting regime
• General value shifting regime - who it affects
• Guide to depreciating assets 2021 (NAT 1996)
• Guide to the general value shifting regime
• Guide to taxation of financial arrangements (TOFA)
• Investments in a company in liquidation or administration
• Losses
• Making choices and requesting extensions
• Personal investors guide to capital gains tax 2021 (NAT 4152)
• Rental properties 2021 (NAT 1729)
• Shareholding as investor or share trading as business?
• Shortfall interest charge
• Small business CGT concessions
• Transferring real estate to family or friends
• Tax incentives for early stage investors
• Venture capital and early stage venture capital limited partnerships
• You and your shares 2021 (NAT 2632)

Rulings and determinations

These are available from our legal database at ato.gov.au/law

• Draft Taxation Ruling TR 2007/D10 (Withdrawn) Income tax: capital gains: capital gains tax consequences of earn-out arrangements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: asset 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
• Taxation Ruling TR 2014/5 Income tax: matrimonial property proceedings and payments of money or transfers of property by a private company to a shareholder (or their associate)
• Law Companion Ruling LCR 2015/11 Attribution Managed Investment Trusts: annual cost base adjustments for units in an AMIT and associated transitional rules
• Law Companion Ruling LCR 2016/8 Superannuation reform: transitional CGT relief for complying superannuation funds and pooled superannuation trusts

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 want to talk to a tax officer, phone the Translating and Interpreting Service (TIS) on 13 14 50 for help with your call.

If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service (NRS).

Next step:

• relayservice.com.au .

Last Modified: May 2020

ATO references:
NO NAT 4151