This session introduces the small business CGT concessions (SBCC) in Division 152 of the ITAA 1997 using Moloney v Commissioner of Taxation [2024] AATA 1483 as a worked example. The purpose is not to focus on valuation disputes, but to use Moloney as a practical vehicle for walking through the core statutory structure of Division 152 and how the provisions fit together in practice. The session is aimed at junior practitioners who need a clear mental model of how SBCC eligibility is assessed.
Case overview: Moloney v Commissioner of Taxation [2024] AATA 1483
The case arose from a restructure of a long-running family freight business conducted through a discretionary trust. Following the sale of shares, the trust applied the CGT discount and SBCC. The Commissioner denied the concessions after audit, relying on market value substitution and an alleged failure of the maximum net asset value (MNAV) test.
The Tribunal ultimately allowed the concessions, but the value of Moloney for training purposes lies in how it methodically applies the Division 152 framework, rather than in the valuation outcome itself.
This session is intended to give junior practitioners a clear, structured understanding of how Division 152 operates in practice, using Moloney as a practical anchor for navigating the SBCC provisions as an integrated statutory scheme.
Please see below link to case materials which is assumed reading in order to participate in the discussion:
Moloney and Commissioner of Taxation (Taxation) [2024] AATA 1483
Discussion led by Adrian Cartland