Commentary on 108-A of ITAA 1997: CGT asset rules
Dabner, Justin (2005) Commentary on 108-A of ITAA 1997: CGT asset rules. In: Australian Tax Practice. Thomson Legal and Regulatory, Pyrmont, NSW, Australia, - .
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[Extract] Subdivision 108-A of Pt 3-1 of ITAA 1997 defines the term "CGT asset": ss 108-5 and 108-7. The definition is particularly broad. It provides that a CGT asset is any kind of property, or a legal or equitable right that is not property. Furthermore, it provides that, to avoid doubt, the following are CGT assets:
• a part of, or an interest in, property or a legal or equitable right that is not property;
• goodwill or an interest in it;
• an interest in a partnership asset; and
• an interest in a partnership that is not an interest in a partnership asset.
The width of the definition is a response to the original version of the CGT, the application of which was restricted to assets of a proprietary nature, namely rights which could be assigned. The current definition makes it clear that CGT assets include both assets of a proprietary nature (see [108-A.1200]) and other rights otherwise enforceable by law (see [108-A.1300]). Clearly both assets of a tangible and intangible nature are included within the definition.
The significance of the definition is essentially that the most common CGT event, event A1 (s 104-10), applies upon the change in ownership of a CGT asset. However the term also has significance for the application of other CGT events, for example CGT event E1 (s 104-55), CGT event H2 (s 104-35), CGT event J2 (s 104-185) and CGT event K4 (s 104-220).
Furthermore, s 121-35 specifies that taxpayers are to maintain a CGT asset register.
It should be noted that the extension of the definition to expressly include non-proprietary and legal or equitable rights was inserted in 1992 and only applies where the rights were created after 25 June 1992: see [108-A.1300].
|Item Type:||Book Chapter (Research - B1)|
|Keywords:||taxation, taxation law, Income Tax Assessment Act 1997|
|FoR Codes:||18 LAW AND LEGAL STUDIES > 1801 Law > 180125 Taxation Law @ 100%|
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|Deposited On:||31 Aug 2010 10:25|
|Last Modified:||12 Feb 2011 02:45|
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