Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-3 - CAPITAL GAINS AND LOSSES: SPECIAL TOPICS  

Division 124 - Replacement-asset roll-overs  

Subdivision 124-R - Water entitlements  

Replacement case

SECTION 124-1120   Roll-over consequences - all original entitlements post-CGT  

124-1120(1)    
In a situation covered by subsection 124-1105(1) , if you *acquired the original entitlement on or after 20 September 1985, the first element of the *cost base of the new entitlement (or of each of the new entitlements) is such amount as is reasonable having regard to:


(a) the cost base and *market value of the original entitlement; and


(b) the number and market value of the new entitlements; and


(c) any amount you paid to get the new entitlement (which can include giving property: see section 103-5 ).

124-1120(2)    
In a situation covered by subsection 124-1105(2) , if you *acquired the original entitlements on or after 20 September 1985, the first element of the *cost base of the new entitlement (or of each of the new entitlements) is such amount as is reasonable having regard to:


(a) the total of the cost bases of all the original entitlements; and


(b) the number and *market value of the original entitlements; and


(c) the number and market value of the new entitlements; and


(d) any amount you paid to get the new entitlements (which can include giving property: see section 103-5 ).

124-1120(3)    
In the situation covered by subsection 124-1105(1) or (2) , the first element of the *reduced cost base of the new entitlement (or of each of the new entitlements) is worked out similarly.

124-1120(4)    
For the purposes of paragraphs (1)(b) and (2)(c), the *market value of the new entitlements is their *market value at the time you *acquired them.


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