Income Tax Assessment Act 1997
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-3
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CAPITAL GAINS AND LOSSES: SPECIAL TOPICS
Division 126
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Same-asset roll-overs
Subdivision 126-A
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Marriage or relationship breakdowns
SECTION 126-25
126-25(1)
Conditions for the purposes of subsections 126-5(3A) and 126-15(5)
The conditions referred to in subsections 126-5(3A) and 126-15(5) are that:
(a) at the time of the trigger event:
(b) the trigger event happened because of reasons directly connected with the breakdown of the relationship between the spouses or former spouses.
126-25(2)
For the purposes of this section, the question whether *spouses or former spouses have separated is to be determined in the same way as it is for the purposes of section 48 of the Family Law Act 1975 (as affected by sections 49 and 50 of that Act).
View history note
Hide history noteThe conditions referred to in subsections 126-5(3A) and 126-15(5) are that:
(a) at the time of the trigger event:
(i) the *spouses, or former spouses, involved are separated; and
(ii) there is no reasonable likelihood of cohabitation being resumed; and
(b) the trigger event happened because of reasons directly connected with the breakdown of the relationship between the spouses or former spouses.
For the purposes of this section, the question whether *spouses or former spouses have separated is to be determined in the same way as it is for the purposes of section 48 of the Family Law Act 1975 (as affected by sections 49 and 50 of that Act).
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