Income Tax Assessment Act 1997
To be a *discount capital gain, the *capital gain must result from a *CGT event happening to a *CGT asset that was *acquired by the entity making the capital gain at least 12 months before the CGT event.
Even if the capital gain results from a CGT event happening at least a year after the CGT asset was acquired, the gain may not be a discount capital gain, depending on the cause of the CGT event (see section 115-40 ) and the nature of the asset (see sections 115-45 and 115-50 ).
Section 115-30 or 115-34 may affect the time when the entity is treated as having acquired the CGT asset.
To avoid doubt, subsection (1) applies to the *CGT asset shown in the table for a *CGT event listed in the table.
|CGT assets to which subsection (1) applies|
|Item||CGT event||CGT asset to which subsection (1) applies|
|1A||D4||the land over which the *conservation covenant is entered into|
|1||E8||the interest or part interest in the trust capital|
|2||K6||the *share or interest *acquired before 20 September 1985|
If the *capital gain results from a *CGT event K9 happening:
(a) subsection (1) does not apply; and
(b) to be a *discount capital gain, the *carried interest to which the CGT event relates must arise under a partnership agreement entered into at least 12 months before the CGT event.
A *capital gain from one of these *CGT events is not a discount capital gain (despite section 115-5 ):
(a) *CGT event D1;
(b) *CGT event D2;
(c) *CGT event D3;
(d) *CGT event E9;
(e) *CGT event F1;
(f) *CGT event F2;
(g) *CGT event F5;
(h) *CGT event H2;
(ha) *CGT event J2;
(hb) *CGT event J5;
(hc) *CGT event J6;
(i) *CGT event K10.
Capital gains from the CGT events mentioned in paragraphs (3)(a) to (f) are not discount capital gains because the CGT asset involved in the CGT event comes into existence at the time of the event, so it is impossible to meet the requirement in this section that the asset have been acquired at least 12 months before the event.
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