CHAPTER 3 
-
 SPECIALIST LIABILITY RULES
           
          
          PART 3-45 
-
 RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS
           
          
          Division 328 
-
 Small business entities
           
          
          
          
          
            History
            
            
              Div 328 (heading) substituted by 
No 80 of 2007
, s 3 and Sch 3 item 1, applicable in relation to the 2007-08 income year and later income years. The heading formerly read:
                
                  Division 328 
-
 STS taxpayers
 
              Div 328 inserted by No 78 of 2001.
             
           
          
          Subdivision 328-D 
-
 Capital allowances for small business entities
           
          
          
          
          
            History
            
            
              Subdiv 328-D (heading) substituted by 
No 80 of 2007
, s 3 and Sch 3 item 3, applicable in relation to the 2007-08 income year and later income years. The heading formerly read:
                
                  Subdivision 328-D 
-
 Capital allowances for STS taxpayers
 
              Subdiv 328-D inserted by No 78 of 2001. 
             
           
          
          Special rules about roll-overs
            
          
          
          
          SECTION 328-255
           
          Closing pool balance etc. below zero
           
          
          
          
          328-255(1)
           
          
           
          This section applies if: 
          
          
          (a)
          the 
*
closing pool balance of the transferor
'
s 
*
general small business pool for the BAE year is less than zero; or 
          
 
          
          
          (b)
          the amount worked out under subsection 
328-210(2)
 for the pool for the BAE year is less than zero; 
          
 
          because a 
*
balancing adjustment event occurred for an asset allocated to that pool during that year. 
 
          
          
          
            History
            
            
              S 328-255(1) amended by No 23 of 2012, s 3 and Sch 2 items 61
-
62, by omitting 
"
or 
*
long life small business pool
"
 after 
"
*
general small business pool
"
 in para (a) and substituting 
"
the pool
"
 for 
"
that pool
"
 in para (b), applicable in relation to the 2012-13 income year and later income years.
              S 328-255(1) amended by 
No 80 of 2007
, s 3 and Sch 3 item 70, by substituting 
"
small business
"
 for 
"
STS
"
 (wherever occurring) in para (a), applicable in relation to the 2007-08 income year and later income years.
             
           
  
          
          
          
          328-255(2)
           
          
           
          The amount included in assessable income under subsection 
328-215(2)
 is split equally between: 
          
          
          (a)
          the transferor and transferee; or 
 
          
          
          (b)
          if there are 2 or more occurrences of 
*
balancing adjustment events for relevant entities for the BAE year and a roll-over is chosen for each occurrence 
-
 the entities concerned. 
          
 
          
          
          
            History
            
            
              S 328-255(2) amended by No 41 of 2005.
              S 328-255 inserted by No 20 of 2004.