Private ruling: Small business roll-over relief
Published: April 2013
Ruling period: 1 July 2012 to 30 June 2014
Date scheme commenced: 1 July 2012

Ruling: Q1: Will the Commissioner extend the replacement asset period? | A1: Yes.

Relevant facts and circumstances: You sold a property used in a small business. You applied the small business roll-over to the capital gain made on the sale of the property. You have been actively looking for a suitable replacement property, including making a number of unsuccessful offers. Natural disasters and the economic climate have contributed to your delay in acquiring a replacement property. You continue to look for a suitable property, and are currently leasing a property with an option to buy it. You request a 12 month extension to the replacement asset period to give you time to acquire a replacement property.

Relevant legislative provisions: Income Tax assessment Act 1997 paragraph 104-185(1)(a) | Income Tax assessment Act 1997 subsection 104-190(2) | Income Tax assessment Act 1997 subsection 104-197(1) | Income Tax assessment Act 1997 subsection 104-197(5) | Income Tax assessment Act 1997 Subdivision 152-E

Reasons for decision: Summary: The rules covering the small business roll-over are contained in Subdivision 152-E of the Income Tax Assessment Act 1997 (ITAA 1997). The small business roll-over allows you to defer all or part of a capital gain made from a capital gains tax (CGT) event happening to an active asset. CGT event J5 happens if you choose a small business roll-over under Subdivision 152-E and you have not acquired a replacement asset by the end of the replacement asset period (subsection 104-197(1) of the ITAA 1997). The replacement asset period is the period starting one year before and ending two years after the last CGT event in the income year for which you obtain the roll-over (paragraph 104-185(1)(a) of the ITAA 1997). The replacement asset period may be extended or modified by the Commissioner (subsections 104-197(5) and 104-190(2) of the ITAA 1997). In determining whether to allow an extended asset replacement period the Commissioner considers the following factors: · whether there is evidence of an acceptable explanation for the period of extension requested and whether it would be fair and equitable in the circumstances to provide such an extension · whether there is any prejudice to the Commissioner if the additional time is allowed (however, the mere absence of prejudice is not enough to justify the granting of an extension) · whether there is any unsettling of people, other than the Commissioner, or of established practices · the need to ensure fairness to people in like positions and the wider public interest · whether there is any mischief involved, and · the consequences of the decision. Having considered the relevant factors above, and the particular circumstances of your case, the Commissioner will apply his discretion and extend the asset replacement period by 12 months.