Tag Archives: small business penalties

Talking Tax – Issue 74

Case law

Application of the CGT rollover for marriage breakdowns broadened by Federal Court

The Federal Court in the recent case of Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287 made a declaration that the Taxpayer was entitled to relief under the marriage and relationship breakdown CGT rollover under subdivision 126A of the Income Tax Assessment Act 1997 (ITAA 1997). This was despite the fact that the assets in question were transferred directly to the family trust of the Taxpayer’s spouse – a transfer that would not ordinarily come within the scope of the rollover.

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