INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-1 - CAPITAL GAINS AND LOSSES: GENERAL TOPICS  

Division 102 - Application of Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997  

SECTION 102-25   Transitional capital gains tax provisions for certain Cocos (Keeling) Islands and Norfolk Island assets  

102-25(1)  
If:


(a) an entity was a prescribed person (within the meaning of former Division 1A of Part III of the Income Tax Assessment Act 1936 ) because of residence in the Territory of Cocos (Keeling) Islands on or before 30 June 1991; and


(b) the entity acquired a CGT asset on or before that day; and


(c) the asset is not a pre-CGT asset; and


(d) had a CGT event happened in relation to the asset immediately before 1 July 1991, and had the Income Tax Assessment Act 1997 been in force at the time of the event, any capital gain or capital loss from the event would have been disregarded because the entity was a prescribed person;

then, for the purposes of Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 :


(e) the asset is taken to have been acquired by the entity on 30 June 1991; and


(f) the first element of the asset ' s cost base in the hands of the entity (at the end of that day) is its market value at that time.

Note:

A prescribed person was a Territory resident, a Territory company or a trustee of a Territory trust, as defined by former sections 24C , 24D and 24E of the Income Tax Assessment Act 1936 .

102-25(2)  


If:


(a) an entity was a prescribed person (within the meaning of former Division 1A of Part III of the Income Tax Assessment Act 1936 ) because of residence in Norfolk Island on or before 23 October 2015; and


(b) the entity acquired a CGT asset on or before that day; and


(c) the asset is not a pre-CGT asset; and


(d) had a CGT event happened in relation to the asset immediately before 24 October 2015, any capital gain or capital loss from the event would have been disregarded because the entity was a prescribed person;


(e) - (f) (Repealed by No 20 of 2016)

then Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 apply in relation to the asset as if references in those Parts to 20 September 1985 were references to 24 October 2015.

102-25(3)  


Despite Division 121 of the Income Tax Assessment Act 1997 , the entity is not required to keep records of:


(a) the date of acquisition of an asset in relation to which subsection (1) of this section applies, or its cost base on 30 June 1991; or


(b) the date of acquisition of an asset in relation to which subsection (2) of this section applies.

102-25(4)  


However, the entity may choose that subsection (1) does not apply in relation to an asset to which it would (apart from this subsection) apply if:


(a) a CGT event happens in relation to the asset; and


(b) as at the date on which it happens, the entity has complied with Division 121 of the Income Tax Assessment Act 1997 in relation to the asset.




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