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Let’s get active! The CGT participation exemption

Published on 01 Oct 06 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The CGT Participation Exemption reduces capital gains and losses of an Australian resident holding company on sale of shares in a foreign company conducting an “active” business. This article examines the exemption and, in particular, the tax issues concerning whether assets of a foreign company are “active” in nature.

Author profile

Dr Philip Bender ATI
Dr Philip Bender, ATI is a barrister at the Victorian Bar. He is the author of Bender’s Australian Stamp Duties, published by the Tax Institute. He acts in Federal and State taxation, superannuation, and trusts and estates matters for taxpayers and revenue authorities. In the trusts area, he has acted in many taxation disputes involving trusts issues, and has acted in many trusts matters involving, amongst other topics, trust deed and will interpretation, alleged breaches of trust; trustee removal applications; judicial advice; charitable trusts; and superannuation death benefits disputes. - Current at 06 March 2023
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