Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-1 - CAPITAL GAINS AND LOSSES: GENERAL TOPICS  

Division 108 - CGT assets  

Subdivision 108-D - Separate CGT assets  

Operative provisions

SECTION 108-75   Capital improvements to CGT assets for which a roll-over may be available  

108-75(1)    
This section is relevant only if a * CGT event happens in relation to a * CGT asset that is:

(a) a * Crown lease; or

(b) a * prospecting entitlement or * mining entitlement; or

(c) a * statutory licence; or

(d) a * depreciating asset to which Subdivision 124-K applies.

You must have * acquired it before 20 September 1985.

Note:

Division 124 treats you as having acquired a CGT asset before that day in some situations.

108-75(2)    

There are possible consequences if there has been one or more capital improvements to:

(a) the * CGT asset the subject of the * CGT event; or

(b) any * CGT assets of the same kind that were in existence before the CGT asset and came to an end where a roll-over was obtained under a provision set out in this table:

Roll-over provisions
Item	For this CGT asset:	Roll-over is obtained under this provision:
1	A * Crown lease	Subdivision 124-J
.
2	A prospecting or mining entitlement	Subdivision 124-L
.
3	A * statutory licence	Subdivision 124-C or former Subdivision 124-O
.
4	A * depreciating asset	Subdivision 124-K

Note:

Roll-overs under former sections 160ZWA , 160ZZF , 160ZZPE and 160ZWC of the Income Tax Assessment Act 1936 are also relevant: see section 108-75 of the Income Tax (Transitional Provisions) Act 1997 .

Example:

In 1984 you acquired a commercial fishing licence. In 1986 you paid $ 62,000 to get an extra right (a capital improvement) attached to the licence.

In June 1999 the licence expired and you got a new licence. You obtained a roll-over for the old licence expiring. In April 2000 you sold the new fishing licence for $ 200,000.

108-75(3)    
Any capital improvement that is not related to another capital improvement is taken to be a separate * CGT asset if its * cost base (assuming it were a separate CGT asset) when the * CGT event happens is:

(a) more than the * improvement threshold for the income year in which the event happened; and

(b) more than 5 % of the * capital proceeds from the event.

Example:

To continue the example, suppose the cost base of the right is $ 101,000 and the improvement threshold for the 1999-2000 income year is $ 96,000.

Since the cost base of the right is more than the improvement threshold and more than 5 % of the capital proceeds, the right is taken to be a separate CGT asset.

Note 1:

Section 108-80 sets out the factors for deciding whether capital improvements are related to each other.

Note 2:

If the improvement is a separate asset, the capital proceeds from the event must be apportioned between the asset and the improvement: see section 116-40 .

108-75(4)    
Any capital improvements that are related to each other are taken to be a separate * CGT asset if the total of their * cost bases (assuming each one were a separate CGT asset) when the * CGT event happens is:

(a) more than the * improvement threshold for the income year in which the event happened; and

(b) more than 5 % of the * capital proceeds from the event.

Note:

If the improvements are a separate asset, the capital proceeds from the event must be apportioned between the asset and the improvements: see section 116-40 .

108-75(5)    
This section does not apply to any capital improvement:

(a) that took place under a contract that you entered into before 20 September 1985; or

(b) if there is no contract - that started or occurred before that day.