请教关于small business CGT 15-year exemption

Angelawong

我跟我老公有一家店面，最近决定卖掉之后退休。店面是在我们两个人的名下，是2000年买的，之后一直在里面做生意。但是公司是属于pty ltd，我老公是director。我们都超过55岁了。

关于CGT，ATO有个规定，就是small business CGT 15-year exemption。按里面的解释，我老公应该是符合CGT减免的条款的。我想请教的是关于我的那部分CGT，虽然我一直在公司里面工作，但我不是公司的director，那我到底符不符合这个减免条款呢？

咨询了我的会计师，但是可能他没什么经验，所以得不到答案。唯有希望各位大神指教。谢谢！！

leinlee

公司和其它方式经营是不一样的，不会算到个人身上，所以那个岁数减免应该是给个体户合伙人和家庭信托的

Ozmark123

SMALL BUSINESS CGT 15 YEAR EXMPTION

If you qualify for the small business 15-year exemption, you can entirely disregard the capital gain and do not need to apply any other concessions. Further, you do not have to apply capital losses against your capital gain before applying the 15-year exemption.

If the conditions are satisfied and you make a capital loss from the CGT event, you may use the capital loss to reduce other capital gains.

Conditions you must meet

You can disregard a capital gain from a CGT event happening to a CGT asset you have owned for at least 15 years if you:
•satisfy the basic conditions for the small business CGT concessions (the active asset test requires the asset to have been an active asset for at least 7.5 years of the whole period of ownership)
•continuously owned the CGT asset for the 15-year period ending just before the CGT event happened.

If you are an individual:
•when the CGT event happened ◦you were permanently incapacitated, or
◦you were 55 years old, or older, and the event happened in connection with your retirement, and

•if the CGT asset is a share in a company or an interest in a trust, that company or trust must have had a significant individual for periods totalling at least 15 years during the entire time you owned the share or interest, even if it was not the same significant individual during the whole period.

If you are a company or trust:
•you had a significant individual for a total of at least 15 years of the whole period of ownership (even if it was not the same significant individual during the whole period), and
•the individual who was a significant individual just before the CGT event was ◦at least 55 years old at that time and the event happened in connection with their retirement, or was permanently incapacitated at that time.


Example
Ruth and Geoff are partners in a partnership that conducts a farming business on land they purchased in 1990 and have owned continuously since that time. The net value of their CGT assets for the purpose of the maximum net asset value test is less than $6 million.
Ruth and Geoff are both over 60 years old and wish to retire. As they have no children, they decide to sell the major asset of the farming business, the land. They sell the land in December 2010 for a total capital gain of $100,000. Both Ruth and Geoff qualify for the small business 15-year exemption in relation to the capital gain.

Angelawong

leinlee 发表于 2016-9-27 11:48
公司和其它方式经营是不一样的，不会算到个人身上，所以那个岁数减免应该是给个体户合伙人和家庭信托的 ...

ATO上面说

Small business entity

You will be a small business entity if you are an individual, partnership, company or trust that:

is carrying on a business, and
has an aggregated turnover of less than $2 million.

按这个说明，我老公应该是属于small business entity的啊？

Angelawong

Ozmark123 发表于 2016-9-27 11:56
SMALL BUSINESS CGT 15 YEAR EXMPTION

If you qualify for the small business 15-year exemption, you c ...

这个说明我有看过，那个例子并没有明确说明那块地是在两个人名下，还是在公司名下。

leinlee

Angelawong 发表于 2016-9-27 12:10
ATO上面说

Small business entity

你老公是用公司在经营生意，entity是公司不是你老公，建议lz找个靠谱会计咨询哦

Angelawong

leinlee 发表于 2016-9-27 12:20
你老公是用公司在经营生意，entity是公司不是你老公，建议lz找个靠谱会计咨询哦
...

我大概懂你的意思了。谢谢。

我已经咨询过好几个会计师，但都得不到明确答复，都是模棱两可。请问有没有靠谱墨尔本会计师介绍啊？

Ozmark123

Angelawong 发表于 2016-9-27 12:13
这个说明我有看过，那个例子并没有明确说明那块地是在两个人名下，还是在公司名下。 ...

Your business is owned by company.

1. active business > 7.5
2. director >55 when stopping business
3. business was continuously owned by your company > 15 years
4. business is Australia resident for tax purposes (directors are Australian resident)

When you dispose off the business, your company has trigger capital gain event, not your individuals.
and if your company meet 15 year exemption, there is no capital gain tax.

Angelawong

Ozmark123 发表于 2016-9-27 12:57
Your business is owned by company.

1. active business > 7.5

不好意思，还是不太明白。

按你的意思，这个店面必须是在公司名下，才能符合资格咯？谢谢！

jeff_lawsons

On a high level, you must satisfy the basic conditions in order to obtain the small business CGT Concessions:

1.        A CGT event happens in relation to a CGT asset in an income year
2.        The event will result in a gain
3.        You satisfy the $6 million maximum net asset value test.
4.        The CGT asset satisfies the active asset test

If you want to apply the 15 year exemption, you also need to satisfy the following two additional conditions:

1.        You need to be over 55 at the time of the CGT event and that the CGT event must happen in connection with retirement.
2.        You must have continuously owned the CGT asset for the15-year period ending just before the CGT event.

If you meet all the conditions necessary for the 15-year exemption to apply, you can disregard any capital gain made on the disposal of the property.


Note that the property can be an active asset it is used in the course of carrying on a business by the entity, or by its connected entities or by its affiliates. The active asset test will be satisfied if an asset was an active asset for at least half of the period it was owned or for 7 and a half years if the asset was owned for more than 15 years.

A company can be a connected entity if you control it. In very broad terms, someone controls a company if they have rights to at least 40% of voting power, dividends or capital distributions.

An individual or company is an affiliate of an entity where that individual or company acts, or could reasonably be expected to act in accordance with the entity’s directions or wishes, or in concert with the entity in relation to the affairs of the business of that individual or company.

If the company is connected you will need to ensure that the company was connected for a sufficient period of time so that the active asset test can be passed. An asset passes this test if the asset has been active for at least half of its ownership period (or at least 7.5 years if owned for more than 15 years).

Also note that one of the conditions to access the 15 year exemption is that the CGT event happens in connection with the taxpayer’s retirement. The ATO’s view is that there would need to be at least a significant reduction in the number of hours the individual works or a significant change in the nature of their present activities to be regarded as a retirement. However, it is not necessary for there to be a permanent and everlasting retirement from the workforce.

As the rules are complex and the ATO is actively reviewing small business CGT concession claims at the moment it is important to work through the rules carefully and document your position in relation to the various tests and conditions.

Ozmark123

Angelawong 发表于 2016-9-27 13:28
不好意思，还是不太明白。

按你的意思，这个店面必须是在公司名下，才能符合资格咯？谢谢！ ...

You said the business was owned by the company in your pervious email.

That's why I assume it is under the company.

But does not matter owned by the company or individuals, if you meet the requirements,  you are entitled to 15 year exemption.

emptie

你应该也可以减免的
听你说的 我觉得CGT完全可以规避的
Small Business CGT Conssesions 里面细节的东西很多 得找有经验的会计 这是税局必查的项目 建议买审计保险
55岁是和retirement exemption里的要求
15 year exemption 要求更高 如必须退休
得看你的capital gain 有多少 什么形式 退休计划等做规划

Southbridge

LZ 搜 CGT concession stakeholder 和 significant individual test。

JohnnySu

看你说的这些情况是可以的。

LENNY_DONG

Angelawong 发表于 2016-9-27 13:28
我大概懂你的意思了。谢谢。

我已经咨询过好几个会计师，但都得不到明确答复，都是模棱两可。请问有没有 ...

其实你也搜索了相关信息

基本上不出意外，你的生意是符合资格的。