Tax Laws Amendment (2009 Measures No. 2) Act 2009 (42 of 2009)
Schedule 2 CGT concessions for small business
Part 3 Application provisions
41 Application of amendments made by Part 1
(1) The amendments made by Part 1 of this Schedule apply to CGT events (other than CGT events to which subitem (2) applies) happening in the 2007-08 income year and later income years.
(2) Subitem (1) does not apply in relation to a CGT event (the excluded event ) if:
(a) the excluded event happens in relation to a CGT asset before the day on which the Bill for this Act is introduced into the Parliament; and
(b) an entity makes a capital gain from the excluded event; and
(c) the basic conditions in Subdivision 152-A of the Income Tax Assessment Act 1997 (as in force immediately before Part 1 of this Schedule commences) are satisfied for the gain; and
(d) the basic conditions would not be satisfied for the gain if:
(i) subsection 152-40(1A) of that Act (as in force immediately before Part 1 of this Schedule commences) did not apply to the entity; or
(ii) section 152-47 of that Act (as in force immediately after Part 1 of this Schedule commences) applied to the entity.
(3) The amendments made by Part 1 of this Schedule apply to excluded events happening on or after the day on which the Bill for this Act is introduced into the Parliament.