INCOME TAX ASSESSMENT ACT 1997
Pt 3-1 inserted by No 46 of 1998.
Div 118 inserted by No 46 of 1998.
There is a special rule if:
(a) you would get only a partial exemption under this Subdivision for a *CGT event happening in relation to a *dwelling or your *ownership interest in it because the dwelling was used for the *purpose of producing assessable income during your *ownership period; and
(aa) that use occurred for the first time after 7.30 pm, by legal time in the Australian Capital Territory, on 20 August 1996; and
(b) you would have got a full exemption under this Subdivision if the CGT event had happened just before the first time (the income time ) it was used for that purpose during your ownership period.
S 118-192(1) amended by No 114 of 2000.
You are taken to have *acquired the *dwelling or your *ownership interest at the income time for its *market value at that time. 118-192(3)
If your *ownership interest in the *dwelling *passed to you as a beneficiary in a deceased's estate, or you owned it as the trustee of a deceased estate and the *CGT event did not happen within 2 years of the deceased's death, you apply this Subdivision as if:
(a) you had *acquired the interest as an individual and not as a beneficiary or trustee of a deceased estate; and
(b) for applying the formula in section 118-185 , your non-main residence days were the number of days in your *ownership period when the dwelling was not the main residence of an individual referred to in item 2, column 3 of the table in section 118-195 .
There are special rules for dwellings acquired before 7.30 pm on 20 August 1996: see section 118-195 of the Income Tax (Transitional Provisions) Act 1997 .
S 118-192(3) amended by No 94 of 1999.
S 118-192 inserted by No 46 of 1998.