Private ruling: CGT - property
Date of advice: 25 November 2025
Published: 12 January 2026
Ruling period: Year ended 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Is the capital gain you made on the sale of the property apportioned according to the terms of the court orders? | A1: Yes. The court orders alter your equitable interest in the property. Your capital gain is calculated according to your equitable interest. Therefore, your capital gain is apportioned according to the terms of the court orders.

Relevant facts and circumstances: You and your ex-spouse owned the property as joint tenants. On XX XXX 20XX, the Federal Circuit and Family Court of Australia issued Financial Consent Orders (the court orders) in relation to your divorce. The court orders directed you to sell the property and pay a certain sum out of the proceeds to your ex-spouse. The balance was to be divided equally between you and your ex-spouse. The property was sold on XX XXX 20XX pursuant to the court orders.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 104-10