Taxation Determination TD 93/182




Examples: Example 2: Commissioner of Taxation 9/9/93 Previously issued as Draft TD 93/D77



[ Note: This is a consolidated version of this document. Refer to the Tax Office Legal Database (http://law.ato.gov.au) to check its currency and to view the details of all changes.] | 1. It will only be when the building was acquired post-CGT. | 2. For subsection 108-55(2) of the Income Tax Assessment Act 1997 (ITAA 1997) to apply, the building must have been: | 3. Therefore, unless a building was acquired post-CGT, it would not be an asset separate from the land on which it stands for the purposes of subsection 108-55(2). | Example 1: X acquired a building on Block A in 1979. In 1999 X relocated the building from Block A to Block B which X acquired in 1984. The building is not a separate asset from Block B and retains its pre-CGT status. | Y acquired a building on Block C in 1988. In 2002 Y relocated the building from Block C to Block D which Y acquired in 1983. The building is treated as an asset separate to Block D and retains its post-CGT status.


Related rulings: TD 93/180 TD 93/181 TD 93/183 TD 93/184
Legislative references: ITAA 1997 108-55(2) ITAA 1997 108-70(2) ITAA 1997 108-70(3)
Subject references: CGT assets CGT composite assets CGT separate assets pre-CGT assets