Tax Laws Amendment (2006 Measures No. 7) Act 2007 (55 of 2007)

Schedule 1   Small business relief for CGT events

Income Tax Assessment Act 1997

28   Subsection 152-25(2)

Repeal the subsection, substitute:

(2) However, a person is not your small business CGT affiliate merely because of the nature of the business relationship you and the person share.

Example: A partner in a partnership would not be a small business CGT affiliate of another partner merely because the first partner acts, or could reasonably be expected to act, in accordance with the directions or wishes of the second partner, or in concert with the second partner, in relation to the affairs of the partnership.

Directors of the same company and trustees of the same trust, or the company and a director of the company, would be in a similar position.