‘Capital gain’ deemed to be a revenue gain – why intent is important
William buck Chartered Accountants & Advisors
Many people would assume that a gain made on the sale of a rental property held for nearly 10 years would be a capital gain eligible for the 50% general discount. However, in a recent decision by the Full Federal Court, the length of time a rental property had been owned was deemed less significant than other factors in deciding the tax outcomes. Rather, the court looked at the original intent of the taxpayer and determined the gain on sale to be ordinary income (not a capital gain) to which no capital gains tax discounts could be applied.
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