INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 (ARCHIVE)
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-3
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CAPITAL GAINS AND LOSSES: SPECIAL TOPICS
Division 138
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Value shifts between companies under common ownership
Subdivision 138-A
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Application
SECTION 138-7 (ARCHIVE)
Apply the 1936 Act in certain cases
138-7(1)
This section applies if:
(a) the CGT event that is a trigger event under Division 138 of the Income Tax Assessment Act 1997 happened before the start of your 1998-99 income year; and
(b) apart from this section, the trigger event would require you to modify the cost base of a CGT asset under that Division in relation to another CGT event that happens in your 1998-99 income year or a later one.
138-7(2)
You work out the cost base modification under Division 19A of Part IIIA of the Income Tax Assessment Act 1936 as in force at the time of the trigger event, taking into account provisions of other Acts that amended that Part of that Act and that affected the operation of that Division at that time.
This section applies if:
(a) the CGT event that is a trigger event under Division 138 of the Income Tax Assessment Act 1997 happened before the start of your 1998-99 income year; and
(b) apart from this section, the trigger event would require you to modify the cost base of a CGT asset under that Division in relation to another CGT event that happens in your 1998-99 income year or a later one.
138-7(2)
You work out the cost base modification under Division 19A of Part IIIA of the Income Tax Assessment Act 1936 as in force at the time of the trigger event, taking into account provisions of other Acts that amended that Part of that Act and that affected the operation of that Division at that time.
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