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
417 Section 304
Repeal the section, substitute:
304 CGT rules are primary code for treatment of gains and losses
(1) This section applies if:
(a) a CGT event happens that involves a CGT asset (unless a capital gain or capital loss arising from the event is to be disregarded); or
(b) a CGT event happens:
(i) that involves a CGT asset; and
(ii) for which there is a roll-over under Part 3-3 of the Income Tax Assessment Act 1997;
(unless a capital gain or capital loss arising from the event would have to be disregarded even without the roll-over);
and the asset was owned by a taxpayer immediately before the event.
(2) An amount is not included in the taxpayer's assessable income under section 6-5 of the Income Tax Assessment Act 1997 in respect of the event unless:
(a) the asset is a security; or
(b) the amount is a gain attributable to currency exchange rate fluctuations.
(3) None of these apply in respect of the event:
(a) sections 15-15 and 25-40 of the Income Tax Assessment Act 1997; or
(b) sections 25A and 52 of this Act.
(4) The taxpayer cannot deduct an amount under section 8-1 of the Income Tax Assessment Act 1997 in respect of the event unless:
(a) the asset is a security; or
(b) the amount is a loss attributable to currency exchange rate fluctuations.
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