Income Tax Assessment Act 1997
Part 3-3 inserted by No 46 of 1998.
Div 124 inserted by No 46 of 1998.
Subdiv 124-O repealed by No 109 of 2014, s 3 and Sch 10 item 38, effective 17 October 2014.
Subdiv 124-O inserted by No 101 of 2004.
124-895 (Repealed) SECTION 124-895 Consequences of a same owner roll-over
(Repealed by No 109 of 2014)
S 124-895 repealed by No 109 of 2014, s 3 and Sch 10 item 38, effective 17 October 2014. S 124-895 formerly read:
the consequences of that section applying are the consequences specified in Subdivision
124-A
, with the modifications set out below. If subsection (3) applies, any amount you paid to get the replacement asset is included in the cost base and reduced cost base by subsection (5).
SECTION 124-895 Consequences of a same owner roll-over
124-895(1)
In each situation covered by section
124-880
,
124-885
or
124-890
, where:
(a)
your ownership of one or more
*
CGT assets (the
original asset or assets
) comes to an end; and
(b)
you acquire one or more CGT assets (the
replacement asset or assets
);
124-895(2)
The first element of the
*
cost base and
*
reduced cost base of each replacement asset includes any amount you paid to get the replacement asset (which can include giving property: see section
103-5
). This subsection does not apply if subsection (3) applies.
Note:
124-895(3)
In a situation where subsection
124-15(5)
would otherwise apply (where you
*
acquired some original assets before 20 September 1985 and some on or after that date), use subsections (4) to (7) of this section instead of subsections
124-15(5)
and (6).
124-895(4)
Each replacement asset, or part of a replacement asset, to the extent that it relates to one or more original assets that were
*
acquired before 20 September 1985, is taken to be:
(a) a separate asset; and
(b) acquired before 20 September 1985.
124-895(5)
The first element of the * cost base of each replacement asset that you are not taken to have * acquired before 20 September 1985 is the sum of:
(a) the amount worked out under the formula in subsection (6); and
(b) either:
(i) any amount you paid to get the replacement asset (which can include giving property: see section 103-5 ); or
(ii) for a replacement asset, part of which is treated as a separate asset under subsection (4) - such part of any amount you paid to get the asset (which can include giving property: see section 103-5 ) as is reasonably attributable to the part of the asset that you are not taken to have acquired before 20 September 1985.
124-895(6)
The formula is:
The total of the
*
cost bases of the original assets that
you * acquired on or after 20 September 1985 The number of replacement assets that you are not taken to have * acquired before 20 September 1985 |
Note:
If an original asset is an old licence that ceases to have effect only partly, subsection (8) modifies this formula.
124-895(7)
The first element of each replacement asset's * reduced cost base is worked out similarly.
124-895(8)
If, in a situation covered by section 124-880 , an old licence mentioned in that section ceases to have effect only partly, then:
(a) a reference in Subdivision 124-A to the original asset's * cost base; and
(b) the reference in subsection (6) of this section to the total of the * cost bases of the original assets;
is taken to be a reference to such part of the cost base of the old licence as is reasonably attributable to the part of the old licence that ceases to have effect.
S 124-895 inserted by No 101 of 2004.
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