Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-95 - VALUE SHIFTING  

Division 727 - Indirect value shifting affecting interests in companies and trusts, and arising from non-arm ' s length dealings  

Subdivision 727-H - The adjustable value method  

Consequences of the method for various kinds of assets

SECTION 727-830   CGT assets  

727-830(1)  
The * cost base of an * equity or loan interest is reduced or uplifted immediately before the * IVS time to the extent that this Division provides for the * adjustable value of the interest to be reduced or uplifted.

727-830(2)  
The * reduced cost base of an * equity or loan interest is reduced or uplifted immediately before the * IVS time to the extent that this Division provides for the * adjustable value of the interest to be reduced or uplifted.

727-830(3)  


However, the * cost base or * reduced cost base is uplifted only to the extent that the amount of the uplift is still reflected in the *market value of the interest when a later * CGT event happens to the interest.

727-830(4)  
To work out:


(a) whether the * cost base or * reduced cost base of the interest is reduced or uplifted; and


(b) if so, by how much;

assume that the adjustable value from time to time of that or any other * equity or loan interest is its cost base or reduced cost base, as appropriate.

727-830(5)  
If this Division provides for the * adjustable value of an * equity or loan interest to be both reduced and uplifted:


(a) the reduction and uplift for which subsection (1) or (2) of this section provides offset each other to the extent of whichever of them is the lesser; but


(b) if subsection (3) of this section cancels or reduces the uplift, this subsection is taken always to have applied on that basis. Reductions and uplifts also apply to pre-CGT assets

727-830(6)  
A reduction or uplift occurs regardless of whether the entity that owns the interest * acquired it before, on or after 20 September 1985.


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