Private ruling: CGT - small business concessions
Date of advice: 7 May 2026
Published: 20 July 2026
Ruling period: Year ended 30 June 20XY
Date scheme commenced: 1 July 20XX

Ruling: Q1: Is the disposal of your interest in the property eligible for the small business roll-over in Subdivision 152-E of the Income Tax Assessment Act 1997 (ITAA 1997)? | A1: Yes. The sale of the property caused a capital gains tax (CGT) event that resulted in a capital gain. The Commissioner considers that your property was an active asset in your business due to the nature of work undertaken by you in the course of your agistment business. Accordingly, you can choose to apply the small business roll-over in Subdivision 152-E of the ITAA 1997 to the sale of the property.

Relevant facts and circumstances: You are a sole trader. Your business includes growing and selling Crops, and xx agistment. You commenced your business in MM 20XX. Other business activities have been provided. You operated your business from jointly owned real property (the property) with your Spouse from DD MM 20XX until 20XY when the property was sold to an unrelated party. The sale contract date was DD MM 20XY, and it settled in MM 20XY. The total land area of the property is approximately x acres. Approximately y acres of the property are used for crop growing, and approximately z acres are used for xx agistment activities. You are involved in the agistment work including activities provided, with and without the owners present. You undertook your business on the property until the property was sold. You now continue the same business at a different property. Your GST turnover is under $75,000 and you are not registered for GST. You satisfy the aggregated turnover test, and you are a CGT small business entity. Your spouse was not involved in your business.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 152-10 | Income Tax Assessment Act 1997 section 152-35 | Income Tax Assessment Act 1997 section 152-40 | Income Tax Assessment Act 1997 section 152-410