Capital Gains Tax Issues With Respect to Various Intangibles Upon Deconsolidation

33 Pages Posted: 24 Oct 2019

See all articles by Carlos Barros

Carlos Barros

Macpherson Kelley

Eu-Jin Teo

University of Melbourne

Date Written: July 1, 2019

Abstract

This article discusses, from a tax policy and legal perspective, the appropriate capital gains tax treatment of: goodwill, intellectual property rights, and trade receivables in relation to deconsolidation. The consolidation legislation does not appear to expressly deal adequately with the issues that relevantly present themselves in this regard, which is an unfortunate lacuna considering that the presence of such assets could be said to be not uncommon in subsidiaries that are being disposed of by a tax consolidated group. Where available, guidance from the Australian Taxation Office fills this legislative gap only in part, and in its application is itself potentially problematic.

Suggested Citation

Barros, Carlos and Teo, Eu-Jin, Capital Gains Tax Issues With Respect to Various Intangibles Upon Deconsolidation (July 1, 2019). Australian Tax Forum, Vol. 34(3), 2019. Available at SSRN: https://ssrn.com/abstract=3469945

Carlos Barros

Macpherson Kelley ( email )

Australia

Eu-Jin Teo (Contact Author)

University of Melbourne ( email )

Victoria
Melbourne, Victoria 3010 3010
Australia
61383443466 (Phone)
61393492397 (Fax)

HOME PAGE: http://www.findanexpert.unimelb.edu.au/researcher/person52200.html

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