Taxation Determination

TD 2004/67A1 - Addendum

Income tax: consolidation: capital gains: does the determination of a capital gain or loss under section 104-530 (CGT event L7) of the Income Tax Assessment Act 1997 require a full reconstruction of the allocable cost amount in relation to the relevant liability?

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Addendum

This Addendum amends Taxation Determination TD 2004/67 to take into account the changes introduced by Schedule 5 to the Tax Laws Amendment (2010 Measures No. 1) Act 2010.

TD 2004/67 is amended as follows:

1. Heading and paragraph 1

Omit all occurrences of 'gain or'.

2. Paragraph 4

Omit the last two sentences; substitute:

A capital loss will arise if the ACA would have been greater had the realised amount been taken into account in working it out.

3. Paragraph 6

Omit the last two sentences; substitute:

An example is where the realised amount is more than the amount of the liability reflected in the original ACA and there would have been a decrease in the tax payable because of a decrease in the taxable income arising from an increase in the liability. In this case, the reconstructed step 2 amount should reflect the realised amount of the liability and a reduction in the liability to income tax.

4. Paragraphs 7 and 8

Omit all occurrences of 'gain or'.

5. Paragraph 10 and heading

Omit the paragraph and heading.

6. Paragraph 11

Omit 'years commencing both before and after its date of issue'; substitute 'a capital loss under CGT event L7 that arises on or after 1 July 2002 and before 10 February 2010.'.

This Addendum applies on and after 1 July 2002, the date of application of the amendments to the Income Tax Assessment Act 1997 made by Part 12 of Schedule 5 to Tax Laws Amendment (2010 Measures No. 1) Act 2010. The effect of the amendments is that TD 2004/67 will only apply where a capital loss arises under CGT event L7 before 10 February 2010.

Commissioner of Taxation
22 June 2011

References

ATO references:
NO 1-2M247M3