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 124-1130   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.


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