Income Tax Assessment Act 1997
SECTION 152-35 Active asset test 152-35(1)
A *CGT asset satisfies the active asset test if:
(a) you have owned the asset for 15 years or less and the asset was an *active asset of yours for a total of at least half of the period specified in subsection (2); or
(b) you have owned the asset for more than 15 years and the asset was an active asset of yours for a total of at least 7 ½ years during the period specified in subsection (2).
152-35(2)
The period:
(a) begins when you *acquired the asset; and
(b) ends at the earlier of:
(i) the *CGT event; and
(ii) if the relevant business ceased to be carried on in the 12 months before that time or any longer period that the Commissioner allows - the cessation of the business.
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