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CGT small business concessions - selected issues paper
Published on 06 Oct 06 by VICTORIAN DIVISION, THE TAX INSTITUTE
In the recent Federal Budget changes arising from the Board of Taxation’s post implementation review of the small business CGT concessions were announced, together with a new significant stakeholder test. This paper re-examines the small business CGT concessions from a practical perspective, highlighting some of the proposed changes and considering the traps that practitioners must continue to monitor. The paper considers:
- can a taxpayer’s structure result in a failure to satisfy the threshold tests?
- is there an active asset?
- what does need to be included in the maximum net asset value test?
- how does the connection test operate?
- what are the compliance traps?
- what are the implications of choosing some concessions over others?
Author profiles
Ronald Jorgensen CTA
Ron Jorgensen, CTA principally consults on Commonwealth and State tax laws, tax dispute resolution and compliance enforcement and specialises in trusts and trust disputes, succession and succession disputes and asset protection, business and investment structuring and tax sensitive commercial and property transactions for high wealth families, privately owned businesses and small to medium enterprises. He is a member of The Tax Institute, the Law institute of Victoria and the Law society of Tasmania. He is an Accredited Specialist in Tax Law and a member of the Tax Law Advisory Committee with the Law Institute of Victoria. He is a member of the Property and Commercial Law Committee of the Law Society of Tasmania. Ron is a Chartered Tax Advisor and a member of the State Council (Tas) and the State Taxes Committee (Tas) of The Tax Institute. He has a Master of Laws (Melb) and a Bachelor of Arts-Laws (Tas). Ron is a nationally respected tax and trusts technical writer and presenter. Ron was recognised by Doyle’s Guide Leading Tax Lawyer – Victoria for 2015 to 2023 and Best Lawyers for tax law – Australia for 2021 to 2023. - Current at 15 May 2024Daniel Smedley CTA
Daniel Smedley, CTA, enjoys helping private enterprise clients solve complex taxation and trust law issues. He is a trusted confidant in planning the succession of his clients’ personal and business affairs. Daniel is a Chartered Tax Adviser (The Tax Institute) and an Accredited Specialist in Taxation Law (Law Institute of Victoria). He is recognised by his peers in Doyles Guide and Best Lawyers for his work in Taxation, Trusts and Succession Planning. Daniel is a regular presenter at state and national industry conventions, conferences and workshops. - Current at 05 February 2026
This was presented at 45th Victorian State Convention: Finding buried treasure .
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