Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-3 - CAPITAL GAINS AND LOSSES: SPECIAL TOPICS  

Division 126 - Same-asset roll-overs  

Subdivision 126-B - Companies in the same wholly-owned group  

Operative provisions

SECTION 126-45   Roll-over for members of wholly-owned group  

126-45(1)    
There may be a roll-over if a *CGT event (the trigger event ) happens involving a company (the originating company ) and another company (the recipient company ) in the circumstances set out in section 126-50 .

126-45(2)    
Only these *CGT events are relevant:

(a) CGT events A1 and B1 (a disposal case ); and

(b) CGT events D1, D2, D3 and F1 (a creation case ).

Note:

The full list of CGT events is in section 104-5 .

126-45(3)    

However, there is no roll-over for *CGT event B1 if title in the *CGT asset does not pass to the transferee at or before the end of the agreement.

Note:

CGT event J1 can happen if the recipient company stops being a 100% subsidiary of a company in the relevant group: see section 104-175.