Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS

Division 328 - Small business entities

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Subdivision 328-G - Restructures of small businesses

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History

Subdiv 328-G inserted by No 18 of 2016, s 3 and Sch 1 item 1, applicable to:

(a) the transfer of a depreciating asset if the balancing adjustment event arising from the transfer occurs on or after 1 July 2016; or

(b) the transfer of trading stock or a revenue asset if the transfer occurs on or after 1 July 2016; or

(c) the transfer of a CGT asset (other than a depreciating asset, trading stock or a revenue asset) if the CGT event arising from the transfer occurs on or after 1 July 2016.

Former Subdiv 328-G repealed by No 80 of 2007, s 3 and Sch 3 item 86, applicable in relation to the 2007-08 income year and later income years. Subdiv 328-G formerly read:

Subdivision 328-G - Entering and leaving the STS
SECTION 328-430 What this Subdivision is about

Eligible taxpayers have a choice as to whether to enter the STS.

The rules for entering and leaving the STS are set out in this Subdivision.

Operative provisions
SECTION 328-435 Entering the STS
328-435
You are an STS taxpayer for an income year if:

(a) you are eligible to be an *STS taxpayer for that year (see Subdivision 328-F); and

(b) you notify the Commissioner, in the *approved form, of your choice to become such a taxpayer for that year. SECTION 328-440 Leaving the STS
328-440(1)
You continue to be an STS taxpayer for each later income year unless:

(a) you notify the Commissioner, in the ^* approved form, of your choice to stop being an STS taxpayer; or

(b) you are not eligible to be an STS taxpayer for that later year (see Subdivision 328-F).

328-440(2)
If you are not eligible to be an STS taxpayer for that later year, you must notify the Commissioner, in the *approved form, of that fact.

Restriction on re-entry

328-440(3)
If you choose to stop being an *STS taxpayer, you cannot again become an STS taxpayer until at least 5 years after the income year that you left the STS.
Note:

If you stop being an STS taxpayer because of increased turnover or because of the value of your depreciating assets, you can become an STS taxpayer for an income year again as soon as you are eligible.

Former Subdiv 328-G inserted by No 78 of 2001.

Consequences of a roll-over under this Subdivision

SECTION 328-465 New membership interests as consideration for transfer of assets

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328-465(1)
If:

(a) section 328-455 applies in relation to the transfer of an asset under a transaction; and

(b) the transaction provides for *membership interests to be issued; and

(c) the membership interests constitute all or part of the consideration provided for the transfer of assets ( transferred assets ) under the transaction;

then:

(d) the first element of the membership interests ' *cost base is the sum of:

(i) the *roll-over costs of the transferred assets that are neither *depreciating assets nor *pre-CGT assets; and

(ii) the *adjustable values of the transferred assets that are depreciating assets;

(less any liabilities that a transferee of any of the transferred assets undertakes to discharge in respect of the transferred assets) divided by the number of membership interests; and

(e) the first element of the membership interests ' *reduced cost base is worked out similarly.

328-465(2)
However, if the *membership interests constituted only a part of the total consideration provided for the transfer of the transferred assets, reduce accordingly the amounts worked out under paragraphs (1)(d) and (e).

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