Income Tax Regulations 1936 (Repealed)

PART 8A - FOREIGN INCOME  

Division 2 - Controlled foreign companies  

REGULATION 152E  

152E   CIRCUMSTANCES SPECIFIED FOR THE DEFINITION OF ROLL-OVER RELIEF IN REGULATION 152D  
For the definition of roll-over relief in subregulation 152D(1) , each of the following circumstances is specified:

(a) an entity:

(i) is taken to have disposed of all or part of a CGT asset because of an act, transaction or event as a result of which the entity has received an amount of money or a replacement CGT asset:

(A) by way of compensation for the compulsory acquisition, or for the loss or destruction, of the original CGT asset; or

(B) under a policy of insurance against the risk of loss or destruction of the original CGT asset; and

(ii) after receiving an amount of money mentioned in subparagraph (i), in order to achieve a deferral of tax liability under the tax law of the listed country, is required:

(A) to incur expenditure in acquiring a CGT asset in place of the original CGT asset; or

(B) to incur expenditure of a capital nature in repairing or restoring the original CGT asset;

(b) a company disposes of a CGT asset to another company, and the transferee is a member of the same wholly-owned group as the transferor;

(c) a company redeems or cancels all the shares of a particular class in the company, and:

(i) an entity holds shares of that class in the company; and

(ii) the company issues to the entity other shares in the company in substitution for the redeemed or cancelled shares; and

(iii) the market value of the new shares immediately after they were issued is not less than the market value of the redeemed or cancelled shares immediately before the redemption or cancellation; and

(iv) the entity did not receive any consideration (other than the new shares) in respect of the redemption or cancellation;

(d) an entity owns an option to acquire shares in a company or a right, issued by a company, to acquire shares in the company or to acquire an option to acquire shares in the company, and:

(i) any of the shares:

(A) are consolidated and divided into new shares of a larger amount; or

(B) are subdivided into shares of a smaller amount; and

(ii) as a result of the consolidation or subdivision:

(A) the original option is cancelled; or

(B) the original right is cancelled; and

(iii) the company issues to the entity:

(A) another option relating to the new shares in substitution for the original option; or

(B) another right relating to the new shares, in substitution for the original right; and

(iv) the market value of the new option or the new right, immediately after it was issued, is not less than the market value of the original option or original right immediately before its cancellation; and

(v) the entity did not receive any consideration in respect of the cancellation, other than the new option or right.