New Business Tax System (Capital Allowances - Transitional and Consequential) Act 2001 (77 of 2001)
Schedule 2 General consequential amendments
Income Tax Assessment Act 1997
259 At the end of Division 104
Add:
104-235 Balancing adjustment events for depreciating assets: CGT event K7
(1) CGT event K7 happens if:
(a) a *balancing adjustment event occurs for a *depreciating asset you *held; and
(b) at some time when you held the asset, you used it, or had it *installed ready for use, for a purpose other than a *taxable purpose.
(2) The time of *CGT event K7 is when the *balancing adjustment event occurs.
(3) Any *capital gain or *capital loss is worked out:
(a) under section 104-240; or
(b) under section 104-245 if the *depreciating asset was allocated to a low-value pool.
(4) A *capital gain or *capital loss you make is disregarded if:
(a) the *depreciating asset is a *pre-CGT asset; or
(b) you can deduct an amount for the asset's decline in value under Division 328 (about STS taxpayers) for the income year in which the *balancing adjustment event occurred.
104-240 Working out capital gain or loss for CGT event K7: general case
(1) You make a capital gain if the *depreciating asset's *termination value is more than its *cost. The amount of the *capital gain is:
where:
sum of reductions is the sum of the reductions in your deductions for the asset under section 40-25.
total decline is the decline in value of the *depreciating asset since you started to *hold it.
Note: The CGT concepts of cost base and capital proceeds are not relevant for this event.
(2) You make a capital loss if the *depreciating asset's *cost is more than its *termination value. The amount of the *capital loss is:
where:
sum of reductions and total decline have the same meanings as in subsection (1).
104-245 Working out capital gain or loss for CGT event K7: pooled assets
(1) You make a capital gain if the *depreciating asset's *termination value is more than its *cost. The amount of the *capital gain is:
where:
taxable use fraction is the taxable use percentage (expressed as a fraction) that you estimated for the asset when you allocated it to the pool.
Note: The CGT concepts of cost base and capital proceeds are not relevant for this event.
(2) You make a capital loss if the *depreciating asset's *cost is more than its *termination value. The amount of the *capital loss is:
where:
taxable use fraction has the same meaning as in subsection (1).
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