Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 124.470

Consequences for the company

             (1)  A whole number of the units that the company owns in the unit trust (just after the completion time) are taken to have been * acquired before 20 September 1985 if any of the unit trust's assets as at the completion time were acquired by it before that day.

Note:          Generally, a capital gain or capital loss you make from a CGT asset that you acquired before 20 September 1985 can be disregarded: see Division 104.

             (2)  The number (worked out as at the completion time) is the greatest possible that (when expressed as a percentage of all the units) does not exceed:

                   •   the * market value of the unit trust's assets that it * acquired before 20 September 1985 less its liabilities (if any) in respect of those assets;

expressed as a percentage of:

                   •   the market value of all the unit trust's assets less all of its liabilities.

             (3)  The first element of the * cost base of the company's units in the unit trust that are not taken to have been * acquired before 20 September 1985 is:

                   •   the total of the cost bases (as at the completion time) of the unit trust's assets that it acquired on or after that day;

less:

                   •   its liabilities (if any) in respect of those assets.

             (4)  The first element of the * reduced cost base of the company's units is worked out similarly.

             (5)  A liability of the unit trust that is not a liability in respect of a specific asset or assets of the trust is taken to be a liability in respect of all the assets of the trust.

Note:          An example is a bank overdraft.

             (6)  If a liability is in respect of 2 or more assets, the proportion of the liability that is in respect of any one of those assets is equal to:



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