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New CGT small business concession rules

Published on 01 Jul 08 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

It is widely appreciated by practitioners that the small business CGT concessions in Division 152 are generous. Upon closer examination of the concessions, both pitfalls and treasures can be seen. This article presents an overview of the provisions, and highlights both particular problems and opportunities that arise, and how to plan to maximise the access to the benefits offered by Division 152.

Author profile

John Middleton CTA
John Middleton, CTA, is part of the ATO’s Tax Counsel Network, where he works on complex technical advice, tax reform projects, and strategic litigation. He also worked in Policy and Law Design within the ATO. Prior to this, he had over 20 years in the private sector at Clayton Utz Brisbane specialising in revenue and commercial law. He practised in CGT, stamp duty, GST and general tax, as well as trust and corporate law. While in private practice John was listed in Doyle’s and Best Lawyers in respect of revenue law matters. - Current at 11 September 2025
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