INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

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

Division 152 - Small business relief  

Subdivision 152-D - Small business retirement exemption  

SECTION 152-315   Choosing the amount to disregard  

152-315(1)  
You can choose to disregard all or part of each *capital gain to which this Subdivision applies.

Note 1:

You make capital gains equal to any parts that you do not choose to disregard.

Note 2:

Section 103-25 tells you when the choice must be made.

152-315(2)  
However, the choice must be made in a way that ensures that:


(a) for an individual - your *CGT retirement exemption limit is not exceeded; or


(b) for a company or trust - the CGT retirement exemption limit of each individual for whom the choice is made is not exceeded.

152-315(3)  
The amount chosen for the asset is its CGT exempt amount .

152-315(4)  
The *CGT exempt amount must be specified in writing.

152-315(5)  


If a company or trust is making the choice and it has more than one *CGT concession stakeholder, it must specify in writing the percentage of each *CGT asset ' s *CGT exempt amount that is attributable to each of those stakeholders. One or more of the percentages may be nil, but all of the percentages must add up to 100%.
Example:

Daryl is a significant individual in a company. The company specifies 90% for Daryl under subsection (5) (which means that the percentage specified for the other stakeholder must be 10%). Daryl ' s retirement exemption limit is $500,000.

To determine whether subsection (2) is complied with, Daryl would take 90% of the asset ' s CGT exempt amount, add that to amounts previously specified in choices made by or for him under this Subdivision and see whether the total exceeds $500,000.

Note:

Subsections (4) and (5) are exceptions to the general rule about choices in section 103-25 .


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