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Hart v Commissioner of Taxation [2019] FCAFC 179

TAXATION – capital gains – discount capital gains – where trustees of various trusts sold shares and made capital gains – where various roll-overs had occurred prior to the sale of the shares – whether the appellants were entitled to a “discount capital gain” under Subdiv 115-A of the Income Tax Assessment Act 1997 (Cth) in relation to the disposal of the shares by the trustees of the trusts – whether the relevant provisions operated such that the trustees were taken or deemed to have held the relevant assets for a period of at least 12 months

Full decision here

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