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Accessing CGT concessions for the disposal of an active asset: Rent or occupancy fee?

Taxation in Australia | 1 Feb 11
 
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Published on 01 Feb 11 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Small businesses disposing of active assets can access the 50% CGT concession. Issues arise where the main use of the active asset is the generation of rental income. This issue arose in the Tingari Village case, where the Tribunal held that the active asset, a mobile home park, was structured to generate rent rather than an occupancy fee. This article examines the basis for this determination and the key element relating to exclusive possession of the site.

Author profile

Michael Blissenden
Michael is Associate Professor of Law at the University of Western Sydney. - Current at 01 February 2015
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