INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

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

Division 126 - Same-asset roll-overs  

Subdivision 126-G - Transfer of assets between certain trusts  

Operative provisions

SECTION 126-250   Consequences for beneficiaries - other approach for working out cost base etc.  

126-250(1)  
This section applies if the beneficiary owns one or more *membership interests in the transferring trust at all times during the period:


(a) starting just before this time (the starting time ):


(i) the transfer time; or

(ii) the transfer time for an asset referred to in paragraph 126-225(2)(c) (assuming subsection 126-225(2) applies); and


(b) ending just after this time (the ending time ):


(i) the transfer time (assuming this is not also the starting time); or

(ii) a later time in the transfer year that is the transfer time for another asset for which a roll-over is obtained under this Subdivision for the trusts.
Note:

Subsection 126-225(2) applies if the roll-over asset is transferred to the receiving trust after an earlier roll-over under this Subdivision, for another asset, was obtained for the trusts.

126-250(2)  
The beneficiary may choose for each of the following:


(a) the *cost base and *reduced cost base of each of those *membership interests and of the beneficiary ' s corresponding membership interests in the receiving trust;


(b) the time each of those corresponding interests in the receiving trust is treated as having been *acquired;

to be adjusted under subsection (3) for the period.

126-250(3)  
For each of the interests referred to in subsection (2), subsections 126-245(2) , (3) , (4) , (5) and (6) apply as if:


(a) references in those subsections to just before the transfer time were references to just before the starting time; and


(b) references in those subsections to just after the transfer time were references to just after the ending time.


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