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 126
-
Same-asset roll-overs
History
Div 126 inserted by No 46 of 1998.
Subdivision 126-G
-
Transfer of assets between certain trusts
History
Subdiv 126-G inserted by No 19 of 2010, s 3 and Sch 1 item 9, applicable to CGT events happening on or after 1 November 2008. No 19 of 2010, s 3 and Sch 1 items 12 and 13 also contains the following transitional provisions:
Transitional: time for making mirror choices
(1)
Subsection
126-235(3)
of the
Income Tax Assessment Act 1997
does not apply if the other trust makes a mirror choice under a provision of a taxation law by:
(a)
6 months after the day this Act receives the Royal Assent
[
CCH Note: assent was gained 24 March 2010]; or
(b)
a later day allowed by the Commissioner of Taxation.
Note:
For this item to have effect, the other trust must still be able, under that provision of the taxation law, to make the mirror choice.
(2)
This item has effect in addition to subsection
126-235(4)
of the
Income Tax Assessment Act 1997
.
Transitional: deadline for giving information to beneficiaries
(1)
This item applies in relation to a roll-over chosen under Subdivision
126-G
of the
Income Tax Assessment Act 1997
if the transfer year for the roll-over is the transferring trust's 2008-09 income year.
(2)
Subsection
126-260(1)
of that Act has effect, in relation to the roll-over, as if the reference in that subsection to 3 months after the end of the transfer year were a reference to 6 months after the day this Act receives the Royal Assent
[
CCH Note: assent was gained 24 March 2010].
Operative provisions
SECTION 126-255
126-255
No other cost base etc. adjustment for beneficiaries
If a beneficiary of the trusts makes adjustments under section
126-245
or 126-250 to the *cost base and *reduced cost base of the beneficiary's *membership interests in relation to the *CGT event that is:
(a)
the creation of the receiving trust over the roll-over asset; or
(b)
the transfer of the roll-over asset to the receiving trust;
no other adjustment is to be made under this Act to those cost bases and reduced cost bases because of something that happens in relation to that event.
Note:
This section prevents the general value shifting regime from applying in relation to the event because sections
126-245
and
126-250
deal with any value shift that might occur.
History
S 126-255 inserted by No 19 of 2010, s 3 and Sch 1 item 9, applicable to CGT events happening on or after 1 November 2008. For transitional provisions, see note under Subdiv
126-G
heading.