Tax Law Improvement Act (No. 1) 1998 (46 of 1998)

2   CGT (new Parts 3-1, 3-3 and 3-5)

3   Consequential amendment of the Income Tax Assessment Act 1936

139   At the end of subsection 73AA(1)

Add:

; and (c) the disposal involves a CGT event; and

(d) the conditions in an item in the table are satisfied.

CGT roll-overs that qualify transferor for relief

Item

Type of CGT roll-over

Conditions

1

Disposal of asset to wholly-owned company

There is a roll-over under Subdivision 122-A of the Income Tax Assessment Act 1997 for the CGT event.

2

Disposal of asset by partnership to wholly-owned company

The transferor is a partnership, the building or part is partnership property, and there is a roll-over under Subdivision 122-B of the Income Tax Assessment Act 1997 for the disposal by the partners of the CGT assets consisting of their interests in the building or part.

3

Marriage breakdown

There is a roll-over under Subdivision 126-A of the Income Tax Assessment Act 1997 for the CGT event.

4

Disposal of asset to another member of the same wholly-owned group

There is a roll-over under Subdivision 126-B of the Income Tax Assessment Act 1997 for the CGT event.

Note: The heading to section 73AA is replaced by the heading "Section 73A roll-over relief in the case of certain CGT roll-overs".