Tax Law Improvement Act (No. 1) 1998 (46 of 1998)

2   CGT (new Parts 3-1, 3-3 and 3-5)

3   Consequential amendment of the Income Tax Assessment Act 1936

178   Subsection 110(1)

Insert:

overall non-exempt capital gain means:

(a) for the general fund class - the amount by which the total of the non-exempt ordinary capital gains for that class exceeds the total of the ordinary capital losses for that class; or

(b) for the CS/RA class - the amount by which the total non-exempt modified capital gain for that class exceeds the total modified capital loss for that class; or

(c) for any other class - the amount by which the total non-exempt ordinary capital gain for that class exceeds the total ordinary capital loss for that class;

or, if an amount has been applied under subsection 116CD(3) to reduce an overall non-exempt capital gain previously worked out under this definition, that gain as so reduced.