Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 124.895

Consequences of a same owner roll-over

             (1)  In each situation covered by section 124-880, 124-885 or 124-890, where:

                     (a)  your ownership of one or more * CGT assets (the original asset or assets ) comes to an end; and

                     (b)  you acquire one or more CGT assets (the replacement asset or assets );

the consequences of that section applying are the consequences specified in Subdivision 124-A, with the modifications set out below.

             (2)  The first element of the * cost base and * reduced cost base of each replacement asset includes any amount you paid to get the replacement asset (which can include giving property: see section 103-5). This subsection does not apply if subsection (3) applies.

Note:          If subsection (3) applies, any amount you paid to get the replacement asset is included in the cost base and reduced cost base by subsection (5).

             (3)  In a situation where subsection 124-15(5) would otherwise apply (where you * acquired some original assets before 20 September 1985 and some on or after that date), use subsections (4) to (7) of this section instead of subsections 124-15(5) and (6).

             (4)  Each replacement asset, or part of a replacement asset, to the extent that it relates to one or more original assets that were * acquired before 20 September 1985, is taken to be:

                     (a)  a separate asset; and

                     (b)  acquired before 20 September 1985.

             (5)  The first element of the * cost base of each replacement asset that you are not taken to have * acquired before 20 September 1985 is the sum of:

                     (a)  the amount worked out under the formula in subsection (6); and

                     (b)  either:

                              (i)  any amount you paid to get the replacement asset (which can include giving property: see section 103-5); or

                             (ii)  for a replacement asset, part of which is treated as a separate asset under subsection (4)--such part of any amount you paid to get the asset (which can include giving property: see section 103-5) as is reasonably attributable to the part of the asset that you are not taken to have acquired before 20 September 1985.

             (6)  The formula is:

Note:          If an original asset is an old licence that ceases to have effect only partly, subsection (8) modifies this formula.

             (7)  The first element of each replacement asset's * reduced cost base is worked out similarly.

             (8)  If, in a situation covered by section 124-880, an old licence mentioned in that section ceases to have effect only partly, then:

                     (a)  a reference in Subdivision 124-A to the original asset's * cost base; and

                     (b)  the reference in subsection (6) of this section to the total of the * cost bases of the original assets;

is taken to be a reference to such part of the cost base of the old licence as is reasonably attributable to the part of the old licence that ceases to have effect.

New owner roll-overs



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