For rollover to apply, one of the following events must happen. The transferor:
- disposes of an asset to the transferee spouse (CGT event A1)
- enters into an agreement with the transferee spouse under which
- the right to use and enjoy a CGT asset passes to them
- title in the asset will or may pass to them at the end of the agreement (CGT event B1). There is no rollover if title in the CGT asset does not pass to them when the agreement ends
- creates a contractual or other right in favour of the transferee spouse (CGT event D1)
- grants an option to the transferee spouse or renews or extends an option granted to them (CGT event D2)
- owns a prospecting or mining entitlement, or an interest in one, and grants the transferee spouse a right to receive income from operations carried on by the entitlement (CGT event D3), or
- is a lessor and grants, renews or extends a lease to the transferee spouse (CGT event F1).
There is no rollover for the transfer of trading stock.