CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-1
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CAPITAL GAINS AND LOSSES: GENERAL TOPICS
History
Pt 3-1 inserted by No 46 of 1998.
Division 118
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Exemptions
History
Div 118 inserted by No 46 of 1998.
Subdivision 118-A
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General exemptions
Anti-overlap provisions
SECTION 118-30
Film copyright
118-30(1)
A *capital gain or *capital loss you make from a *CGT event relating to your interest in the copyright in a film is disregarded if an amount is included in your assessable income under section
26AG
(about film proceeds) of the
Income Tax Assessment Act 1936
because of the event.
118-30(2)
If you are a partner in a partnership, a *capital gain or *capital loss you make from a *CGT event relating to the partnership's interest in the copyright in a film is disregarded if an amount is included in the assessable income of a partner (including you) under section
26AG
of that Act because of the event.
118-30(3)
If you are absolutely entitled to an interest in the copyright in a film as against the trustee of a trust (disregarding any legal disability), a *capital gain or *capital loss you make from a *CGT event relating to the interest is disregarded if an amount is included in your assessable income or the net income of the trust under section
26AG
of that Act because of the event.
History
S 118-30 substituted by
No 101 of 2006
, s 3 and Sch 2 item 698, effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
. S 118-30 formerly read:
SECTION 118-30 Film copyright
118-30(1)
A *capital gain or *capital loss you make from a *CGT event relating to your interest in the copyright in a *film is disregarded if:
(a)
an amount is included in your assessable income under section
26AG
(about film proceeds) of the
Income Tax Assessment Act 1936
because of the event; or
(b)
an amount would have been included apart from section
23H
(about exempting film proceeds) of that Act.
118-30(2)
If you are a partner in a partnership, a *capital gain or *capital loss you make from a *CGT event relating to the partnership's interest in the copyright in a *film is disregarded if:
(a)
an amount is included in the assessable income of a partner (including you) under section
26AG
of that Act because of the event; or
(b)
an amount would have been included apart from section
23H
of that Act.
118-30(3)
If you are absolutely entitled to an interest in the copyright in a *film as against the trustee of a trust (disregarding any legal disability), a *capital gain or *capital loss you make from a *CGT event relating to the interest is disregarded if:
(a)
an amount is included in your assessable income or the net income of the trust under section
26AG
of that Act because of the event; or
(b)
an amount would have been included apart from section
23H
of that Act.
History
S 118-30 inserted by No 46 of 1998.