INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

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

Division 126 - Same-asset roll-overs  

Subdivision 126-A - Marriage or relationship breakdowns  

SECTION 126-25   126-25(1)   Conditions for the purposes of subsections 126-5(3A) and 126-15(5)  


The conditions referred to in subsections 126-5(3A) and 126-15(5) are that:


(a) at the time of the trigger event:


(i) the *spouses, or former spouses, involved are separated; and

(ii) there is no reasonable likelihood of cohabitation being resumed; and


(b) the trigger event happened because of reasons directly connected with the breakdown of the relationship between the spouses or former spouses.

126-25(2)  
For the purposes of this section, the question whether *spouses or former spouses have separated is to be determined in the same way as it is for the purposes of section 48 of the Family Law Act 1975 (as affected by sections 49 and 50 of that Act).


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