Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES

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

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Division 124 - Replacement-asset roll-overs

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Subdivision 124-R - Water entitlements

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History

Subdiv 124-R inserted by No 136 of 2010 , s 3 and Sch 2 item 6, applicable to CGT events that occur in the 2005-06 income year and later income years. No 136 of 2010 , s 3 and Sch 2 item 10 contains the following transitional provisions:

Transitional provisions - water entitlement roll-overs
(1)
Subsection 124-1105(1) and section 124-1135 of the Income Tax Assessment Act 1997 , as inserted, do not apply to you if:

(a) you stopped owning one or more water entitlements at any time in the period (the relevant period ):

(i) starting at the start of the 2005-06 income year; and

(ii) ending on 7 December 2010; and

(b) you choose that those provisions do not apply to you.

(2)
Section 124-1155 of the Income Tax Assessment Act 1997 , as inserted, does not apply to you if:

(a) the CGT event happened at any time in the period (the relevant period ):

(i) starting at the start of the 2005-06 income year; and

(ii) ending on 7 December 2010; and

(b) you choose that those provisions do not apply to you.

(3)
A choice under subitem (1) or (2) must be made by the later of:

(a) 12 months after 7 December 2010; and

(b) the time within which the Commissioner may, under section 170 of the Income Tax Assessment Act 1936 , amend your assessment for the income year in which the relevant period occurred.

Reduction case

SECTION 124-1135

124-1135 Reduction in water entitlements roll-over

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There is a roll-over if:

(a) you own more than one *water entitlement; and

(b) under an *arrangement:

(i) your ownership of one or more of the water entitlements (each of which is an original entitlement ) ends, resulting in a *CGT event happening; and

(ii) you do not receive anything for the original entitlement or entitlements; and

(iii) you retain one or more of your original entitlements (the retained entitlements ); and

(c) the total of the *market values of all of the retained entitlements immediately after the CGT event happens is substantially the same as the total of the market values of all of the original entitlements immediately before the CGT event happened.

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