INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-3 - CAPITAL GAINS AND LOSSES: SPECIAL TOPICS  

Division 122 - Roll-over for the disposal of assets to, or the creation of assets in, a wholly-owned company  

Subdivision 122-B - Disposal or creation of assets by partners to a wholly-owned company  

Replacement-asset roll-over if partners dispose of a CGT asset

SECTION 122-160   Disposal of both post-CGT and pre-CGT interests  

122-160(1)  


If a partner *acquired some of the partner's interests in the asset on or after 20 September 1985 and some before that day, the partner is taken to have acquired a whole number of the *shares (but not all of them) before that day. The number is the greatest possible that (when expressed as a percentage of all the shares the partner acquires) does not exceed:
  • · the *market value of the interests in the asset that the partner acquired before that day;
  • expressed as a percentage of:

  • · the total of the market values of all the partner's interests in the asset.
  • 122-160(2)  
    The first element of each other *share's *cost base is the sum of the cost bases of the partner's interests that the partner *acquired on or after that day (less any liabilities the company undertakes to discharge in respect of all of those interests) divided by the number of the other shares.

    Note:

    There are special indexation rules for roll-overs: see Division 114 .

    122-160(3)  
    The first element of each other *share's *reduced cost base is worked out similarly.

    122-160(4)  


    The *market value of an interest in an asset is worked out when the partner *disposed of it. The *cost base or *reduced cost base of an interest in an asset is worked out at the same time.

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