INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 (ARCHIVE)
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-1
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CAPITAL GAINS AND LOSSES: GENERAL TOPICS
Division 115
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Discount capital gains and trusts' net capital gains
Subdivision 115-A
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Discount capital gains
SECTION 115-10 (ARCHIVE)
Who can make a discount capital gain?
115-10(1)
A *capital gain may also be a *discount capital gain if it is made by:
(a) a *life insurance company (other than a *registered organisation), in relation to a non-exempt modified discount capital gain from a notional CGT event in respect of a *CGT asset where the event occurred during the period starting immediately after 11.45 am (by legal time in the Australian Capital Territory) on 21 September 1999 and ending immediately before 1 July 2000; or
(b) a *registered organisation, in relation to a modified discount capital gain from a notional CGT event in respect of a CGT asset where the event occurred during that period.
115-10(2)
In paragraph (1)(a), non-exempt modified discount capital gain and notional CGT event have the meanings that were given by Division 8 of Part III of the Income Tax Assessment Act 1936 as in force when the relevant *CGT event occurred.
115-10(3)
In paragraph (1)(b), modified discount capital gain and notional CGT event have the meanings that were given by Division 8A of Part III of the Income Tax Assessment Act 1936 as in force when the relevant *CGT event occurred.
A *capital gain may also be a *discount capital gain if it is made by:
(a) a *life insurance company (other than a *registered organisation), in relation to a non-exempt modified discount capital gain from a notional CGT event in respect of a *CGT asset where the event occurred during the period starting immediately after 11.45 am (by legal time in the Australian Capital Territory) on 21 September 1999 and ending immediately before 1 July 2000; or
(b) a *registered organisation, in relation to a modified discount capital gain from a notional CGT event in respect of a CGT asset where the event occurred during that period.
115-10(2)
In paragraph (1)(a), non-exempt modified discount capital gain and notional CGT event have the meanings that were given by Division 8 of Part III of the Income Tax Assessment Act 1936 as in force when the relevant *CGT event occurred.
115-10(3)
In paragraph (1)(b), modified discount capital gain and notional CGT event have the meanings that were given by Division 8A of Part III of the Income Tax Assessment Act 1936 as in force when the relevant *CGT event occurred.
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