CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-3
-
CAPITAL GAINS AND LOSSES: SPECIAL TOPICS
History
Part 3-3 inserted by No 46 of 1998.
Division 124
-
Replacement-asset roll-overs
History
Div 124 inserted by No 46 of 1998.
Subdivision 124-R
-
Water entitlements
History
Subdiv 124-R inserted by
No 136 of 2010
, s 3 and Sch 2 item 6, applicable to CGT events that occur in the 2005-06 income year and later income years.
No 136 of 2010
, s 3 and Sch 2 item 10 contains the following transitional provisions:
Transitional provisions
-
water entitlement roll-overs
(1)
Subsection
124-1105(1)
and section
124-1135
of the
Income Tax Assessment Act 1997
, as inserted, do not apply to you if:
(a)
you stopped owning one or more water entitlements at any time in the period (the
relevant period
):
(i)
starting at the start of the 2005-06 income year; and
(ii)
ending on 7 December 2010; and
(b)
you choose that those provisions do not apply to you.
(2)
Section
124-1155
of the
Income Tax Assessment Act 1997
, as inserted, does not apply to you if:
(a)
the CGT event happened at any time in the period (the
relevant period
):
(i)
starting at the start of the 2005-06 income year; and
(ii)
ending on 7 December 2010; and
(b)
you choose that those provisions do not apply to you.
(3)
A choice under subitem (1) or (2) must be made by the later of:
(a)
12 months after 7 December 2010; and
(b)
the time within which the Commissioner may, under section
170
of the
Income Tax Assessment Act 1936
, amend your assessment for the income year in which the relevant period occurred.
Replacement case
SECTION 124-1130
Roll-over consequences
-
some original entitlements pre-CGT, others post-CGT
124-1130(1)
This section applies if:
(a)
the roll-over is under subsection
124-1105(2)
; and
(b)
you *acquired one or more of the original entitlements before 20 September 1985; and
(c)
you acquired one or more of the original entitlements on or after that day.
124-1130(2)
You are taken to have *acquired so many of your new entitlements before 20 September 1985 as is reasonable, having regard to:
(a)
the number and *market value of your original entitlements; and
(b)
the number and market value of your new entitlements.
124-1130(3)
The first element of the *cost base of each of your new entitlements that are not taken by subsection (2) to have been *acquired before 20 September 1985 (your
post-CGT entitlements
) is such amount as is reasonable having regard to:
(a)
the total of the cost bases of the original entitlements you acquired on or after 20 September 1985; and
(b)
the number and *market value of your post-CGT entitlements; and
(c)
any amount you paid to get the new entitlements (which can include giving property: see section
103-5
).
124-1130(4)
The reduced cost base of each of your post-CGT entitlements is worked out similarly.
History
S 124-1130 inserted by
No 136 of 2010
, s 3 and Sch 2 item 6, applicable to CGT events that occur in the 2005-06 income year and later income years.