Taxation Determination

TD 95/11W

Income tax: capital gains: does the requirement to disregard capital losses in subparagraph 47(1A)(b)(ii) of the Income Tax Assessment Act (1936) affect the application of the Archer Brothers principle*?

• This Determination has been replaced by TD 2000/5

may be released1016095

Notice of Withdrawal

Taxation Determination TD 95/11 is withdrawn with effect from today.

The Determination has been rewritten to update it with the recent Corporations Law changes.

The Determination has been replaced by Taxation Determination TD 2000/5, which issued today.

Commissioner of Taxation
19 January 2000

Previously issued as Draft TD 94/D110.

CGT Cell (CGDTLIQ2); NAT 94/8634-8

TD 95/10
TD 95/12
TD 95/13
TD 9514
TD 9515

capital gains
capital losses
distributions
dividends
liquidation
shares

ITAA 47(1)
ITAA 47(1A)
ITAA 47(1A)(b)
ITAA 47(1A)(b)(ii)

Archer Brothers Pty Ltd (in vol liq) v. FC of T
(1952-1953) 90 CLR 140
18 ATD 192