Income Tax Assessment Act 1997
In working out your *net capital gain or *net capital loss for the income year, *capital losses from *collectables can be used only to reduce *capital gains from collectables.
You choose the order in which you reduce your capital gains from collectables by your capital losses from collectables.
Your capital gains from collectables total $200 and your capital losses from collectables total $400. You have other capital gains of $500. You have a net capital gain of $500 and a net capital loss from collectables of $200.
The losses from collectables cannot be used to reduce the $500 capital gain.
A collectable is:
(a) *artwork, jewellery, an antique, or a coin or medallion; or
(b) a rare folio, manuscript or book; or
(c) a postage stamp or first day cover;
that is used or kept mainly for your (or your *associate's) personal use or enjoyment.108-10(3)
These are also collectables :
(a) an interest in any of the things covered by subsection (2); or
(b) a debt that arises from any of those things; or
(c) an option or right to *acquire any of those things.
Collectables acquired for $500 or less are exempt. However, you get an exemption for an interest in one only if the market value of all the interests combined is $500 or less: see Subdivision 118-A .108-10(4)
If some or all of a *capital loss from a *collectable cannot be applied in an income year, the unapplied amount can be applied in the next income year for which your *capital gains from *collectables exceed your *capital losses (if any) from collectables.
You have a capital gain from a collectable for the income year of $200 and a capital loss from another collectable of $600.
Your capital loss from one collectable reduces your capital gain from the other to zero. You cannot apply the remaining $400 of the capital loss in this income year, but you can apply it in a later income year.
If you have 2 or more unapplied *net capital losses from *collectables, you must apply them in the order you made them.
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