Income Tax Assessment Act 1997
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Hide history noteSECTION 385-100 Cases where you can make an election 385-100(1)
You can make an election if:
(a) you dispose of * live stock, or they die, because:
(i) land is compulsorily acquired or resumed under an Act; or
(ii) a State or Territory leases land for a cattle tick eradication campaign; or
(iii) pasture or fodder is destroyed by fire, drought or flood and you will use the * proceeds of the disposal or death mainly to buy replacement stock or to maintain breeding stock for the purpose of replacing the live stock; or
(iv) they are compulsorily destroyed under an * Australian law for the control of a * disease or they die of such a * disease; or
(v) you receive an official notification under an * Australian law dealing with contamination of property; and
(b) you held the live stock as assets of a * primary production business you carry on in Australia; and
(c) apart from this Subdivision, your assessable income for any income year would include the * proceeds of the disposal or death.
385-100(2)
The proceeds of the disposal or death are:
(a) if you dispose of the * live stock or their carcases in the ordinary course of * business - the total of:
(i) any amount you receive as payment for the live stock or carcases; and
(ii) any compensation you receive for the death or destruction, or a reduction in * market value, of the live stock or their carcases from an * Australian government agency; or
(b) if you dispose of the * live stock or their carcases outside the ordinary course of * business - the total of:
(i) the market value of the live stock or their carcases, at the time of disposal; and
(ii) any compensation you receive for the death or destruction, or a reduction in market value, of the live stock or their carcases from an * Australian government agency; or
(c) if the * live stock die, and you do not dispose of their carcases to someone else - any compensation you receive for their death or destruction from an * Australian government agency.
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