Taxation Laws Amendment Act (No. 1) 1998 (16 of 1998)

Schedule 1   Capital gains tax roll-over relief for small businesses

Part 2   Technical amendments

Income Tax Assessment Act 1936

48   Paragraphs 160ZZPW(3)(a) and (b)

Repeal the paragraphs, substitute:

(a) the taxpayer must apportion the whole of the net goodwill roll-over amount among the replacement assets that are nominated in respect of the net goodwill roll-over amount in such manner as the taxpayer determines but so that the amount apportioned to a particular asset does not exceed the sum of:

(i) the amount that, at the time of the acquisition of the asset, was the consideration in respect of the acquisition of the asset; and

(ii) the amount that, at that time, was the total of the incidental costs to the taxpayer of the acquisition of the asset;

(b) if an amount is apportioned to an asset - the amount is to be applied, at the time of the acquisition of the asset by the taxpayer, in reduction of the following amounts in such proportions as the taxpayer determines:

(i) the amount that, at the time of the acquisition of the asset, was the consideration in respect of the acquisition of the asset;

(ii) the amount that, at that time, was the total of the incidental costs to the taxpayer of the acquisition of the asset.