Consequences of receiving money
Warning:
This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.
End of attentionIf you receive money and choose to obtain a roll-over, the following are the consequences.
Original asset acquired before 20 September 1985
If you acquired the original asset before 20 September 1985, you are taken to have acquired the repaired or replacement asset before that day if:
- you repair or restore it, or
- you replace it:
- at a cost of no more than 120 per cent of its market value at the time of the event or
- at any cost, provided it (or part of it) was lost or destroyed by a natural disaster and the replacement asset is substantially the same.
This means you disregard any capital gain or capital loss you make when a later CGT event happens to the repaired or replacement asset.
Original asset acquired on or after 20 September 1985
If you acquired the original asset on or after 20 September 1985, the way roll-over applies will depend on whether the money you received is more or less than the cost of repairing or replacing the asset. If it is more, it also depends on whether the capital gain you make when the event happens is:
- more than that excess or
- less than or equal to that excess.
Money received is more than the cost of repair or replacement
If you do not use all of the money you received to repair or replace the original asset, this affects your CGT obligation. The amount of capital gain you include on your tax return depends on whether the capital gain is more or less than the difference between the amount you received and the cost of the repair or replacement.
If the capital gain is more than that difference, your capital gain is reduced to the amount of the excess. Include this amount on your tax return in the year the event happens. This gain may be eligible for the CGT discount (see chapter 2).
When a later CGT event happens, the expenditure to include in the cost base of the asset is reduced by the difference between the gain before it is reduced and the excess. This enables you to defer part of your CGT liability until a later CGT event happens.
If the capital gain is less than or equal to the excess (the compensation amount less the cost of the repair or replacement), the capital gain and the expenditure on the repair or replacement are not reduced.
Money received does not exceed the cost of repair or replacement
If the amount of money you received is less than or equal to the expenditure you incurred to repair or replace the original asset, any capital gain is disregarded. The expenditure you include in the cost base of the asset when a later CGT event happens is reduced by the amount of the gain.
Example: Money received is less than expenditure incurred
Gerard's business premises were destroyed by fire on 15 March 2002. He received $46,000 in compensation from his insurance company.
It cost him $57,000 to reconstruct the premises, $11,000 more than the amount of compensation he received.
Gerard made a capital gain of $2,000 because his cost base apportioned to the building was $44,000 at the time of the fire.
Money received
|
$46,000
|
Cost base
|
$44,000
|
Capital gain
|
$2,000
|
Money received
|
$46,000
|
Replacement expenditure
|
$57,000
|
Shortfall
|
$11,000
|
As the compensation money does not exceed the repair expenditure, the capital gain is disregarded. However, the amount of expenditure that Gerard can include in the cost base of the repaired building is reduced by the amount of the capital gain ($2,000) to $55,000.
End of example
Example: Money received is more than the expenditure incurred
Assume that in the previous example, Gerard incurred only $40,000 for repairs and the cost attributed to the building was $30,000.
Money received
|
$46,000
|
Cost base
|
$30,000
|
Capital gain
|
$16,000
|
Money received
|
$46,000
|
Replacement expenditure
|
$40,000
|
Excess
|
$6,000
|
The compensation money ($46,000) is $6,000 more than the replacement expenditure ($40,000). The capital gain ($16,000) is $10,000 more than the excess of $6,000. The capital gain is reduced to the excess amount of $6,000 and Gerard must include this amount as a capital gain in his assessable income on his 2001-02 tax return.
If Gerard is eligible for the CGT discount of 50 per cent, the $6,000 excess is Gerard's nominal capital gain. Therefore, Gerard must include $3,000 ($6,000 X 50%) in the calculation of his net capital gain/ capital loss for the 2001-02 income year.
Also, the expenditure he incurred on the replacement asset is reduced by the balance of the capital gain ($10,000) to $30,000. This means $10,000 of the capital gain is deferred.
End of example