|
|
此文章由 jeff_lawsons 原创或转贴，不代表本站立场和观点，版权归 oursteps.com.au 和作者 jeff_lawsons 所有！转贴必须注明作者、出处和本声明，并保持内容完整
qiyanqi629 发表于 2015-3-20 16:57 
if your business has not started, maybe the $40,000 or $50,000 should be the Research and Developm ...
From the past decisions, the ATO will only treat the receipt as an ordinary business income where:
• the receipt is made on commencement of a new contract;
• the receipt is dependant on providing future services;
• the receipt is in respect of giving up a capital asset that is incidental to the income producing activity of the business;
• the receipt is in respect of an ordinary incident of providing professional services.
It looks like the buyer just wants to purchase the share or goodwill of the business, or may be interested in entering a restrictive covenant with the seller. It is more likely to a CGT A1 (disposal of a CGT asset) or D1 event (create a contractual right or other legal or equitable rights in another entity.), depends on the wording of the contract.
The seller may be able to apply retirement exemption if the company satisfies the basic CGT small business concession and the significant individual test.
The seller must carry a business in order to satisfy the CGT small business concession. The fact that the business hasn’t general any income does not necessarily mean that the company is not carrying a business. Since the activities conducted by the seller involve a substantial and regular effort over a period of time, and amount of money he spent, it is more likely it constitutes the carrying on of a business.
Assume the company satisfies the above conditions, the company must make the retirement exemption choice by the day it lodges its income tax return for the income year in which the relevant CGT event occurred. If the CGT concession stakeholder is less than 55 years of age at the time he is required to make the choice, subsection 152-305(1) requires that the exempt amount of the capital gain must be paid to a complying superannuation fund or retirement savings account by the later of seven days after it makes the choice for the retirement exemption or seven days after it receives an amount of capital proceeds from the CGT event. Failure to do this will mean the conditions are not satisfied and the retirement exemption will not be available.
|
评分
-
查看全部评分
|
回国礼品分享篇 (2008-11-30) amandaff 
发表于 2015-3-20 08:31
