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1 Will CGT event D1 happen for Party A pursuant to section 104-35 of the Income Tax Assessment Act 1997 (ITAA 1997) at the time the Final Orders are made by the Court?

No. Question 2 Will CGT event E1 happen for Party A pursuant to section 104-55 of the ITAA 1997 at the time the Final Orders are made by the Court? Answer No. This private ruling applies for the following periods: Income year ended 30 June 20xx The scheme commenced on: 1 July 20xx

Background Party A is an Australian tax resident. Party A and Party B are involved in a dispute. Draft Final Orders have been provisionally agreed to by both parties and provides that Party A will pay Party B three settlement amounts in accordance with the terms and conditions of the Final Orders. It is intended by both parties that the Final Orders will be made by the Court.

Income Tax Assessment Act 1997 section 104-35 Income Tax Assessment Act 1997 subsection 104-35(1) Income Tax Assessment Act 1997 subsection 104-35(3) Income Tax Assessment Act 1997 subsection 104-35(5) Income Tax Assessment Act 1997 section 104-55 Question 1 Summary CGT event D1 will not happen for Party A pursuant to section 104-35 of the ITAA 1997 at the time the Final Orders are made by the Court. Detailed reasoning CGT event D1 happens under section 104-35 of the ITAA 1997 if you create a contractual right or other legal or equitable right in another entity. The time of the event is when you enter into the contract or create the other right. However, CGT event D1 does not happen if any of the exclusions listed in subsection 104-35(5) apply. Subsection 104-35(3) of the ITAA 1997 provide