Guide to capital gains tax 2009

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Publications

To get any publication referred to in this guide:

• visit our website at www.ato.gov.au/publications , or
• phone our Publications Distribution Service on 1300   720   092 .

Publications relevant to this guide include:

• Capital allowances schedule instructions 2009 (NAT   4089)
• Capital gains tax (CGT) concessions for small business - overview
• Capital gains tax (CGT) schedule 2009 (NAT 3423)
• Carrying on a business of share trading
• Changes to the capital gains tax (CGT) concessions for small business 2008-09
• Choices you make under capital gains tax
• Company tax return 2009 (NAT 0656)
• Consolidation reference manual
• Division 7A - An overview
• Draft Taxation Ruling TR 2004/D25 - Income tax: capital gains: meaning of the words 'absolutely entitled to a CGT asset as against the trustee of a trust' as used in Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997
• Employee share schemes - answers to frequently asked questions by employees
• Employee share schemes - rollover relief
• Foreign exchange (forex): acquisition of a CGT asset (NAT   10557)
• Foreign exchange (forex): acquisition of a CGT asset (election out of 12 month rule) (NAT   10625)
• Foreign exchange (forex): disposal of CGT asset denominated in foreign currency-incidental costs (election out of 12   month rule) (NAT   10627)
• Foreign exchange (forex): disposal price of CGT asset denominated in foreign currency (NAT   10628)
• Foreign exchange (forex): disposal price of CGT asset denominated in foreign currency (election out of 12   month rule) (NAT   10654)
• Foreign exchange (forex): overview
• Foreign exchange (forex): the general translation rule (NAT   9339)
• Foreign income exemption for temporary residents - employee share schemes
• Forex: the 12 month rule (NAT   9391)
• Fund income tax return 2009 (NAT 71287)
• General value shifting regime: who it affects (NAT 8933)
• Guide to depreciating assets 2009 (NAT 1996)
• Guide to the general value shifting regime: overview of provisions (NAT 8366)
• Personal investors guide to capital gains tax 2009 (NAT   4152)
• Practice Statement Law Administration PS LA 2007/9 - Share Buy-Backs
• Practice Statement Law Administration (General Administration) PS LA 2005/1 (GA) - Taxation of capital gains of a trust
• Practice Statement Law Administration (General Administration) PS   LA 2006/1 (GA) - Calculating the cost base and reduced cost base of a CGT asset if a taxpayer does not have sufficient information to determine the amount of construction expenditure on the asset for the purpose of working out their entitlement to a deduction under Division 43 of the Income Tax Assessment Act 1997
• Rental properties 2009 (NAT 1729)
• Self managed superannuation fund annual return 2009 (NAT 71226)
• Shares and other securities that become worthless
• Stapled securities and capital gains tax
• Tax return for individuals (supplementary section) 2009 (NAT 2679)
• Taxation Determination TD 2004/3 - Income tax: capital gains tax: does an asset 'pass' to a beneficiary of a deceased estate under section 128-20 of the Income Tax Assessment Act 1997 if the beneficiary becomes absolutely entitled to the asset as against the trustee of the estate?
• Taxation Determination TD 2005/33: Does expenditure - which is a non-capital cost of ownership of a CGT asset - form part of the cost base of the asset, if it is a tax benefit in connection with a scheme to which the general anti-avoidance rules in Part IVA of the Income Tax Assessment Act 1936 apply?
• Taxation Determination TD 2005/47 - Income tax: what do the words 'can deduct' mean in the context of those provisions in Division 110 of the Income Tax Assessment Act 1997 which reduce the cost base or reduced cost base of a CGT asset by amounts you 'have deducted or can deduct', and is there a fixed point in time when this must be determined?
• Taxation Determination TD 2006/73 - Income tax: demergers: in reallocating the cost bases of ownership interests under a demerger, as required by subsection 125-80(2) of the Income Tax Assessment Act 1997, is there more than one method that produces a reasonable apportionment?
• Taxation Determination TD 2007/2 - Income tax: should a taxpayer who has incurred a tax loss or made a net capital loss for an income year retain records relevant to the ascertainment of that loss only for the record retention period prescribed under income tax law?
• 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: assets 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 2005/6 - Income tax: lease surrender receipts and payments
• Taxation Ruling TR 2005/9 - Income tax: record keeping - electronic records
• Taxation Ruling TR 2005/15 - Income tax: tax consequences of financial contracts for differences
• Taxation Ruling TR 2005/23 - Income tax: Listed investment companies
• Taxation Ruling TR 2006/4 - Income tax: capital gains: meaning of the words 'the beneficiaries and terms of both trusts are the same' in paragraphs 104-55(5)(b) and 104-60(5)(b) 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
• Trust tax return 2009 (NAT 0660)
• Venture capital tax concession: overview
• Worthless shares and financial instruments relating to a company
• You and your shares 2009 (NAT 2632)

More information

Internet

For general tax information and comprehensive information about deductions, visit www.ato.gov.au

Infolines

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

General business tax enquiries including capital gains tax, GST rulings, Australian business number (ABN), pay as you go (PAYG) instalments, business deductions, activity statements (including lodgment and payment), accounts and business registration (including ABN and TFN), dividend and royalty withholding tax

Superannuation 13   10   20

Tax Reform Infoline 13   24   78

Other services

Translating and Interpreting Service 13   14   50

If you do not speak English well and need help from the Tax Office, phone the Translating and Interpreting Service.

Hearing or speech impairment

If you are deaf or have a hearing or speech impairment, you can phone the Tax Office through the National Relay Service (NRS):

If you are a TTY user, phone 13   36   77 and ask for the Tax Office number you want. If you need a Tax Office 1800 free call number, phone 1800   555   677 and ask for the Tax Office number you want.

If you are a Speak and Listen (speech-to-speech relay) user, phone 1300   555   727 and ask for the number you want.

If you are an internet relay user, connect to the NRS ( www.relayservice.com.au ) and ask for the Tax Office number you want.

Last Modified: Tuesday, 30 June 2009

Copyright

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ATO references:
NO NAT 4151