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ARTICLE · 26 APRIL 2016

Price may not equal value

The price of a parcel of shares does not necessarily determine its market value when assessing capital gains tax (CGT).

AustraliaTax

Miley and Commissioner of Taxation (Taxation) [2016] AATA 73 (15 February 2016)

1 Introduction

In this edition of Damages Matters, Sasikala Kandiah and Anh Nguyen, Associate Directors in our Sydney office, discuss a recent decision of the Administrative Appeals Tribunal which found that the price of a parcel of shares does not necessarily determine its market value when assessing capital gains tax (CGT):

"I find that the consideration that Mr Miley received for his shares, which formed part of the consideration paid by the Buyer for all the shares in the Company, is more than a hypothetical willing but not anxious purchaser would have paid if it had purchased Mr Miley's shares alone – and that is the basis on which the market value of Mr Miley's shares should be determined. Therefore, while the actual consideration received by Mr Miley should not be ignored as an indicator of the market value of his shares just before the time of the CGT event, it is not

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