Tax Law Improvement Act (No. 1) 1998 (46 of 1998)
2 CGT (new Parts 3-1, 3-3 and 3-5)
4 Consequential amendment of other Acts
Financial Corporations (Transfer of Assets and Liabilities) Act 1993
542 Sections 18 and 19
Repeal the sections, substitute:
18 Additional roll-over relief
There is a roll-over under Subdivision 126-B of the Income Tax Assessment Act 1997 (which normally applies only to transfers between companies in the same wholly-owned group) if:
(a) the trigger event is a transfer to which this Act applies; and
(b) the requirements of that Subdivision are met, disregarding:
(i) subsection 126-50(1) of that Act (about the originating and recipient companies being members of the same wholly-owned group); and
(ii) subsection 126-50(5) of that Act (about the residency status of the originating and recipient companies and the asset's connection to Australia); and
(iii) section 126-55 (about the originating and recipient companies choosing to obtain the roll-over).
This is in addition to that Subdivision's effect apart from this section.
19 For the receiving corporation, asset has necessary connection with Australia
Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 apply to an asset acquired by the receiving corporation as a result of a transfer as if the asset had, while it is an asset of the receiving corporation, the necessary connection with Australia.
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