CGT planning should happen before the land is sold. The small business CGT concessions can materially affect the tax outcome on a land sale, but they should not be treated as an afterthought. Business owners, farmers and landowners should consider the CGT position before the sale process progresses too far, particularly where land values have increased significantly.
The concessions are valuable, but often misunderstood. The small business CGT concessions can produce substantial tax benefits where the relevant requirements are satisfied. However, misunderstanding how the rules apply can expose taxpayers to ATO scrutiny. Advisers should carefully test the position before assuming that a concession is available.
Rising land values increase both opportunity and risk. Higher land values can mean larger capital gains, making CGT concessions more important. But larger concession claims may also attract closer attention. Taxpayers and advisers should understand the basis for the concession being claimed and ensure the position is supportable if reviewed.
Selling land can create a significant capital gains tax issue, especially where land values have increased substantially over time.
For business owners, farmers and landowners, the small business CGT concessions can make a major difference when selling land. But the rules are often misunderstood, and with the ATO increasing its scrutiny of CGT claims, taxpayers and advisers need to understand how the concessions apply before relying on them.
In this episode of Explain That by Velocity Legal, Andrew Henshaw is joined by Tyson Bateman to discuss small business CGT concessions, how they may apply when selling land, and why careful planning can affect the tax outcome.
The discussion covers:
A practical discussion for business owners, farmers, landowners, accountants and advisers dealing with capital gains tax on selling land, small business tax relief or ATO scrutiny of CGT claims.
For advice on small business CGT concessions, land sales, capital gains tax or CGT concession claims, contact Velocity Legal’s Tax team.
This podcast in no way constitutes legal advice. It is general in nature and is the opinion of the author only. You should seek legal advice tailored to your individual circumstances before acting on anything related to this podcast.
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