CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-3
-
CAPITAL GAINS AND LOSSES: SPECIAL TOPICS
History
Part 3-3 inserted by No 46 of 1998.
Division 124
-
Replacement-asset roll-overs
History
Div 124 inserted by No 46 of 1998.
Subdivision 124-R
-
Water entitlements
History
Subdiv 124-R inserted by
No 136 of 2010
, s 3 and Sch 2 item 6, applicable to CGT events that occur in the 2005-06 income year and later income years.
No 136 of 2010
, s 3 and Sch 2 item 10 contains the following transitional provisions:
Transitional provisions
-
water entitlement roll-overs
(1)
Subsection
124-1105(1)
and section
124-1135
of the
Income Tax Assessment Act 1997
, as inserted, do not apply to you if:
(a)
you stopped owning one or more water entitlements at any time in the period (the
relevant period
):
(i)
starting at the start of the 2005-06 income year; and
(ii)
ending on 7 December 2010; and
(b)
you choose that those provisions do not apply to you.
(2)
Section
124-1155
of the
Income Tax Assessment Act 1997
, as inserted, does not apply to you if:
(a)
the CGT event happened at any time in the period (the
relevant period
):
(i)
starting at the start of the 2005-06 income year; and
(ii)
ending on 7 December 2010; and
(b)
you choose that those provisions do not apply to you.
(3)
A choice under subitem (1) or (2) must be made by the later of:
(a)
12 months after 7 December 2010; and
(b)
the time within which the Commissioner may, under section
170
of the
Income Tax Assessment Act 1936
, amend your assessment for the income year in which the relevant period occurred.
Reduction case
SECTION 124-1145
Roll-over consequences
-
all original entitlements post-CGT
124-1145(1)
This section applies if you *acquired the original entitlement (or all of the original entitlements) on or after 20 September 1985.
124-1145(2)
The first element of the *cost base of the retained entitlement (or of each of the retained entitlements) is such amount as is reasonable having regard to:
(a)
the total of the cost bases of all the original entitlements; and
(b)
the number and *market value of the original entitlements; and
(c)
the number and market value of the retained entitlements.
124-1145(3)
The first element of the *reduced cost base of the retained entitlements is worked out similarly.
124-1145(4)
For the purposes of paragraph (2)(c), the *market value of the retained entitlements is their market value just after the *CGT event referred to in section
124-1135
happens.
History
S 124-1145 inserted by
No 136 of 2010
, s 3 and Sch 2 item 6, applicable to CGT events that occur in the 2005-06 income year and later income years.