Private ruling: CGT - small business concession
Date of advice: 28 January 2026
Published: 30 March 2026
Ruling period: Income year ended 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Are the two unrelated shareholders, XXX as trustee for (XXX) XXX Family Trust and XXXX Pty Ltd XXXX XXXX Family Trust affiliates of the Company for the purposes of calculating CGT small business concession under section 328-130 of the Income Tax Assessment Act 1997 ? | A1: No. The shareholders are not affiliates of the Company.

Relevant facts and circumstances: The Company operates a business. The Company's share structure consists of 100 ordinary shares held by the following shareholders: The shareholders are not related. The shares have proportional rights to income, capital and voting as per their shareholding percentage. The Company has never paid out any dividends to the shareholders. The Company entered into a sale contract to sell its capital asset and made a capital gain.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 328-130


75 shares are owned by XXXX XXXX XXXX Family Trust.. | 25 shares are owned by XXXX XXXX XXXX Family Trust.