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

2   CGT (new Parts 3-1, 3-3 and 3-5)

2   Consequential amendment of the Income Tax Assessment Act 1997

8   Paragraphs 41-20(1)(b) and (c)

Repeal the paragraphs, substitute:

(b) the disposal involves a *CGT event; and

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

CGT roll-overs that qualify transferor for relief under Common rule 1

Item

Type of CGT roll-over

Conditions

1

Disposal of asset to wholly-owned company

There is a roll-over under Subdivision 122-A for the *CGT event.

2

Disposal of asset by partnership to wholly-owned company

The transferor is a partnership, the property is partnership property, and there is a roll-over under Subdivision 122-B for the *disposal by the partners of the *CGT assets consisting of their interests in the property.

3

Marriage breakdown

There is a roll-over under Subdivision 126-A 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 for the *CGT event.