House of Representatives

New Business Tax System (Capital Gains Tax) Bill 1999

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)

[F1]
Inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21October 1999.

[F2]
See paragraphs 1.11 to 1.16

[F3]
See paragraphs 1.29 to 1.33

[F4]
See paragraphs 1.34 to 1.38

[F5]
See paragraph 1.28 for discussion on 'CGT concession stakeholder'.

[F6]
See paragraphs 1.17 and 1.18 for discussion on 'small business CGT affiliate'.

[F7]
See paragraphs 1.19 to 1.27 for discussion on 'connected with'.

[F8]
Inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21October 1999.

[F9]
A 'discount capital gain' is one that qualifies for reduction under Division 115-A (inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21October 1999).

[F10]
The general rules for active assets are discussed in paragraphs 1.29 to 1.33. The modified active assets test is discussed in paragraph 1.60.

[F11]
Division 17B of the ITAA 1936, or Division 118-F of the ITAA 1997

[F12]
CGT event J2 applies if an asset changes its status as an active asset. CGT event J3 applies if the active asset is a share or interest in a trust, and the company or trust in which the share or interest is held ceases to have a controlling individual or if less than 80% of the market value of its assets are active assets.

[F13]
The definition of 'fixed entitlement' is inserted into subsection 995-1(1) by Item 8 of Schedule 4 of this Bill.

[F14]
The definition of 'linked group' was inserted by the Integrity and Other Measures Bill, introduced into the House of Representatives on 21 October 1999.

[F15]
The definition of 'fixed entitlement' is inserted into subsection 995-1(1) by Item 8 of Schedule 4 of this Bill.

[F16]
See paragraphs 1.19 to 1.27 for discussion on 'connected with'.


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