Private ruling: Small business concessions
Date of advice: 6 February 2026
Published: 23 March 2026
Ruling period: DD/MM/YYYY
Date scheme commenced: DD/MM/YYYY

Ruling: Q1: For the purposes of the 15 year ownership requirement in paragraph 152-105(b) of the Income Tax Assessment Act 1997 (ITAA 1997), will the acquisition date of the units be DD/MM/YYYY, when the underlying land was acquired, rather than the date of the proposed strata title registration? | A1: Yes. Registration of the strata plan does not affect the acquisition date of the units for the purposes of the 15-year ownership requirement in paragraph 152-105(b) of the Income Tax Assessment Act 1997 (ITAA 1997). Consistent with Section 112-25 of the ITAA 1997, and the principles in Taxation Determination TD 2000/10 [1] , the creation of individual strata titles is treated as a splitting of the original asset and does not give rise to a new acquisition. As a result, each strata unit retains the 20XX acquisition date of the underlying land.

Relevant facts and circumstances: 1. The partnership owns The Property in Australia (The Property). 2. Each partner has a 50% interest in the partnership. 3. The Property was purchased on DD/MM/YYYY, as a vacant block of land 4. Plans for building separate units on the vacant land were submitted and passed by council 5. The building of the units was completed on DD/MM/YYYY 6. It is proposed that the strata plan will be registered in 20XX to allow the disposal of individual units.

Relevant legislative provisions: Income Tax Assessment Act 1997 paragraph 152-105(b) | Income Tax Assessment Act 1997 section 112-25 [1] Taxation Determination TD 2000/10 Income tax: Capital gains: what are the CGT consequences for a shareholder if a company converts its shares into a larger or smaller number of shares?