Understanding Eichmann’s FC Case: Implications for Tax Advice
The Eichmann’s FC case has significant implications for tax practitioners advising clients on Capital Gains Tax (CGT) Small Business Concessions (SBCs). The decision clarifies the criteria for classifying assets as active assets.
Key Criteria for Active Asset Classification:
- The asset must be predominantly used in the business, not just a part of it.
- The business use must directly contribute to generating income.
Tax Warning: Asset Use for Storage and Administration
Assets used for storage or administration, like land in the discussed cases, may not qualify as active assets if the majority of income-generating activities occur off-site.
Concerns for Home Office CGT
The FC’s decision raises concerns about CGT advice for taxpayers using their main residence as a home office. If only part of the home is used for business purposes, it may not qualify as an active asset. This could affect the extent of CGT main residence exemption when selling the property.
Traditionally, a home office or garage used for business was considered an active asset. However, with the FC’s decision, this argument may no longer hold if only part of the home is used for business activities.
Even if the home office activities contribute to daily income generation, using only part of the asset for business purposes may disqualify it as an active asset.
For questions, reach out to Tax Ideas Accountants & Advisers at +61 2 83181545 or book an appointment with our
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