Blog categorized as CGT

Division 615 and the AusNet Decision

The High Court has refused special leave for AusNet Services Limited to appeal against the Full Federal Court’s decision in [2025] FCAFC 21.

That refusal effectively ends the dispute and locks in an important reminder about how Division 615 interacts with the ...


CGT Active Asset Test Failed

In a blow to small business owners banking on CGT concessions, the AAT has ruled in The Trustee for the Whitby Trust v Commissioner of Taxation [2025] AATA 788 that a property held for passive purposes did not meet the Active Asset Test under the small business CGT concessions.


This decision offers a...
CGT Rollover and Division 615

One of the more technical updates this month involved capital gains tax (CGT) rollover relief under Division 615 — specifically, whether a restructure that already qualifies for rollover can also trigger a cost base step-up via tax consolidation.


This issue came to a head in
AusNet Services Ltd v Com...