Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 152.1

What this Division is about

To help small business, if the basic conditions for relief are satisfied, capital gains can be reduced by the various concessions in this Division. Those basic conditions are in Subdivision 152-A. Some of the concessions have additional, specific conditions that must also be satisfied.

The 4 available small business concessions are:

               (a)     the 15-year exemption (in Subdivision 152-B);

              (b)     the 50% reduction (in Subdivision 152-C);

               (c)     the retirement concession (in Subdivision 152-D);

              (d)     the roll-over (in Subdivision 152-E).

A capital gain that qualifies for the 15-year exemption is disregarded entirely and is not taken into account under the method statement in subsection 102-5(1). By contrast, the other concessions are only activated by step 4 of that method statement. This means that you must apply all available capital losses against your capital gains (under steps 1 and 2) before you can reduce them using those 3 concessions.

Table of Subdivisions

152-A   Basic conditions for relief under this Division

152-B    Small business 15-year exemption

152-C    Small business 50% reduction

152-D   Small business retirement exemption

152-E    Small business roll-over

Guide to Subdivision 152-A



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