INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

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

Division 124 - Replacement-asset roll-overs  

Subdivision 124-J - Crown leases  

Operative provisions

SECTION 124-590   Part of original right excised  

124-590(1)  
There is a partial roll-over if you *acquired the original right on or after 20 September 1985 and:


(a) the land to which the new right relates is different in area to the land the subject of the original right because a part (the excised part ) of the land to which the original right related was excised or you relinquished it; and


(b) you received a payment for the expiry or surrender of the original right.

The payment can include giving property: see section 103-5 .

Note:

Section 124-600 sets out the effect on your cost base.

124-590(2)  
There is no roll-over for the excised part. The *cost base of the excised part is so much of the *cost base of the relevant *Crown lease as is attributable to the excised part.

Its *reduced cost base is worked out similarly.

Note:

You may make a capital gain or loss on the excised part because of CGT event C2.


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