ATO ruling on CGT on earnouts

Date
10/05/2016
Issue

Update and finalise TR 2007/D10, Income tax: capital gains: capital gains tax consequences of earnout arrangements now that the earnout legislation is passed. There are some types of earnouts that the legislation does not cover. The ruling should cover these.

Board response

Thank you for your suggestion.

The latest ATO guidance in relation to earnout arrangements can be found at the following link: https://www.ato.gov.au/General/Capital-gains-tax/In-detail/Business-assets/Earnout-arrangements-and-CGT/

The Board is also conducting a post-implementation review of the contingent consideration rules (earnout arrangements). The Board aims to make recommendations to the Government by early 2018.

https://www.ato.gov.au/General/Capital-gains-tax/In-detail/Business-assets/Earnout-arrangements-and-CGT 

Earnout arrangements and CGTLegislation that became law on 25 February 2016 provides for look-through CGT treatment of certain earnout arrangements entered into on or after 24 April 2015.