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INCOME TAX ASSESSMENT ACT 1997 - SECT 165.115AA

Special rules to save compliance costs

             (1)  A company is exempt from these rules if, at the time of the change in ownership or control, it (together with certain related entities) has a net asset value of not more than $6,000,000 under the test in section 152-15 (for small business CGT relief).

             (2)  In working out whether it has an unrealised net loss, a company can choose to work out the * market value of each of its assets individually, or of all of its assets together.

             (3)  If a company works out the * market value of each of its assets individually, it may choose to exclude every asset that it acquired for less than $10,000, in which case:

                     (a)  unrealised losses and gains on the excluded assets will not be taken into account in calculating the company's unrealised net loss; and

                     (b)  losses on the excluded assets will be allowed without the company being subject to the same business test.

Table of sections

Operative provisions

165-115A Application of Subdivision

165-115B  What happens when the company makes a capital loss or becomes entitled to a deduction in respect of a CGT asset after a changeover time

165-115BAWhat happens when a CGT event happens after a changeover time to a CGT asset of the company that is trading stock

165-115BBOrder of application of assets: residual unrealised net loss

165-115C  Changeover time--change in ownership of company

165-115D Changeover time--change in control of company

165-115E  What is an unrealised net loss

165-115F  Notional gains and losses

Operative provisions



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