Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 2 title inserted by No 73 of 2006 , s 3 and Sch 5 item 40, effective 1 July 2006.

Div 14 heading substituted by No 23 of 2018, s 3 and Sch 5 item 12, effective 1 April 2018. For application provisions, see note under Subdiv 14-E heading. The heading formerly read:

Division 14 - Non-cash benefits, and accruing gains, for which amounts must be paid to the Commissioner

Div 14 heading substituted by No 101 of 2006 , s 3 and Sch 2 item 951, effective 14 September 2006. The heading formerly read: " Non-cash benefits for which amounts must be paid to the Commissioner " .

Div 14 applies to a non-cash benefit provided on or after 1 July 2000.

Subdiv 14-D inserted by No 10 of 2016, s 3 and Sch 2 item 1, effective 26 February 2016. No 10 of 2016, s 3 and Sch 2 item 30 contains the following application provision:

30 Application of amendments  
30
The amendments made to the extent that they relate to acquisitions of a kind described in section 14-200 in Schedule 1 to the Taxation Administration Act 1953 , apply in relation to acquisitions on or after 1 July 2016.

Note:

For working out when a CGT asset is acquired, see Division 109 of the Income Tax Assessment Act 1997 .

S 14-226 inserted by No 86 of 2026, s 3 and Sch 2 item 27, effective 1 October 2026. No 86 of 2026, s 3 and Sch 2 item 40 contains the following application provision:

40 Limit on amending previous assessments relating to taxable Australian real property  
(1)
This item applies if:
(a) before the commencement day the Commissioner made an assessment for an income year for:

(i) a foreign resident; or

(ii) the trustee of a foreign trust for CGT purposes; and

(b) the assessment included a particular about a capital gain for a CGT event relating to a CGT asset that was one of the following, within the meaning of the Income Tax Assessment Act 1997 as in force immediately before the commencement day:

(i) taxable Australian real property;

(ii) an indirect Australian real property interest;

(iii) taxable Australian property that otherwise relates to taxable Australian real property or an indirect Australian real property interest.

(2)
The Commissioner cannot amend the assessment in relation to a particular about the capital gain unless:
(a) if the limited amendment period (within the meaning of section 170 of the Income Tax Assessment Act 1936 ) for the assessment has not ended - the amendment is in accordance with subsection 170(1) of that Act; or
(b) if the limited amendment period (within the meaning of that Act) for the assessment has ended - either:

(i) the amendment is in accordance with item 5 (fraud or evasion) of the table in subsection 170(1) of that Act; or

(ii) the amendment is in accordance with item 6 (review, appeal or objection) of that table and relates to an objection made before 10 April 2026.

(3)
Subitem (2) applies despite any other provision of the Income Tax Assessment Act 1997 , the Income Tax Assessment Act 1936 , and the Taxation Administration Act 1953 .