On 19 September 2012, the Commissioner of Taxation issued TD 2012/7D which provides that a receiver who is an agent of the debtor is required under s.254(1)(d) of the ITAA 1936 to retain from the sales proceeds sufficient funds to pay the tax arising on the disposal of the CGT.
Ruling
A receiver that is acting as an agent for a debtor is required under s. 254(1)(d) to retain sufficient funds, from the proceeds received on disposal of a CGT asset, to pay tax which is or will become due as a result of the disposal of the CGT asset.
Section 254 also requires the receiver to make returns and be assessed in their representative capacity in respect of the income, profits, or capital gains arising from the disposal.
The gain arises directly from the happening of the CGT event, which means that any increase in the value of the asset which may have accrued prior to the appointment of the receiver does not affect the amount of the gain under s. 254(1)(a) nor the tax liability under s. 254(1)(d).
Explanation
CGT event A1 will usually arise when a receiver (in their capacity as an agent) disposes of a debtor’s CGT asset. As a result, the debtor may also make a capital gain. In these circumstances, the receiver’s obligations in respect of the capital gain are in accordance with ss. 254(1)(a) and (b) of the ITAA 1936.
