CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-45
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RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS
Division 328
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Small business entities
History
Div 328 (heading) substituted by
No 80 of 2007
, s 3 and Sch 3 item 1, applicable in relation to the 2007-08 income year and later income years. The heading formerly read:
Division 328
-
STS taxpayers
Div 328 inserted by No 78 of 2001.
Subdivision 328-D
-
Capital allowances for small business entities
History
Subdiv 328-D (heading) substituted by
No 80 of 2007
, s 3 and Sch 3 item 3, applicable in relation to the 2007-08 income year and later income years. The heading formerly read:
Subdivision 328-D
-
Capital allowances for STS taxpayers
Subdiv 328-D inserted by No 78 of 2001.
Special rules about roll-overs
SECTION 328-255
Closing pool balance etc. below zero
328-255(1)
This section applies if:
(a)
the
*
closing pool balance of the transferor
'
s
*
general small business pool for the BAE year is less than zero; or
(b)
the amount worked out under subsection
328-210(2)
for the pool for the BAE year is less than zero;
because a
*
balancing adjustment event occurred for an asset allocated to that pool during that year.
History
S 328-255(1) amended by No 23 of 2012, s 3 and Sch 2 items 61
-
62, by omitting
"
or *long life small business pool
"
after
"
*general small business pool
"
in para (a) and substituting
"
the pool
"
for
"
that pool
"
in para (b), applicable in relation to the 2012-13 income year and later income years.
S 328-255(1) amended by
No 80 of 2007
, s 3 and Sch 3 item 70, by substituting
"
small business
"
for
"
STS
"
(wherever occurring) in para (a), applicable in relation to the 2007-08 income year and later income years.
328-255(2)
The amount included in assessable income under subsection
328-215(2)
is split equally between:
(a)
the transferor and transferee; or
(b)
if there are 2 or more occurrences of
*
balancing adjustment events for relevant entities for the BAE year and a roll-over is chosen for each occurrence
-
the entities concerned.
History
S 328-255(2) amended by No 41 of 2005.
S 328-255 inserted by No 20 of 2004.