Item 18 - Capital gains

If the answer is YES you must complete all relevant labels.

You must complete and lodge a current year Capital gains schedule (BW) if your total current year capital gains or losses are more than $10,000. This includes if you received a distribution from a trust (including a managed fund) that has a net capital gain.

Use the Tax Capital gains worksheet (g) to calculate the gain or loss for each asset disposal or for distributions of capital gain from trusts. Prior year losses, reductions, exemptions, etc. will be calculated and the correct values returned at the relevant labels in the return.

Answer the question Y if an exemption or rollover has been applied to any CGT event and select the exemption code.

Exemption / Rollover Code

If you have applied more than one exemption, then select the code from the drop down list that reflects the largest $ value of those exemptions.

If the Tax Capital gains worksheet (g) is used, the Net capital gain will be calculated by the worksheet as the sum of all transactions, less prior year losses, discounts, exemptions and rollovers.

Alternatively, if the amount is already known it can be keyed directly at the label.

If the Tax Capital gains worksheet (g) is used this amount will be calculated as the sum of all transactions prior to applying capital losses, CGT discounts or the small business concessions, other than the 15 year exemption and exemption for part year residency on sale of a rental property.

If the Tax Capital Gains worksheet (g) is used, this amount will be calculated as the sum of all current year unapplied capital losses from Collectables and Other assets, plus any unapplied prior year losses at the beginning of the year for both categories of assets. Although the ATO does not require a breakdown of Capital losses carried forward, Tax keeps those losses in their correct categories for roll over to the next year.

If the taxpayer is an Australian resident, capital gains or capital losses made from foreign sources must be included at this item and NOT at the foreign source income item 20.

Under the FRCGW rules, foreign residents disposing of certain Australian assets may have an amount withheld from the sales proceeds they receive.

Similarly, Australian resident vendors could have amounts withheld from their sale proceeds if they:

• dispose of Australian real property with a market value of $750,000 (down from $2 million in the previous income year) or more, without providing the purchaser with an ATO-issued clearance certificate, or

• dispose of an indirect Australian real property interest without providing the purchaser with a valid vendor declaration (resident).

If you have had amounts withheld from you during the year, you are entitled to claim a credit for those amounts paid to the Commissioner by the withholder. You claim that credit at label X.

If the taxpayer's share of any net capital gain received from a trust estate is included at this field, you need to consider the following:

• If the net capital gain has been reduced by 50 per cent under either the CGT discount, or the small business 50 per cent active asset reduction (but not both), you must 'gross up' the taxpayer's share by multiplying their share of the net capital gain amount by 2.

• If the net capital gain has been reduced by 50 per cent under both the CGT discount and the small business 50 per cent active asset reduction, you must 'gross' it up by multiplying the taxpayer's share of the net capital gain amount by 4. (Refer to Subdivision 115-C ITAA of 1997.)