Taxation Laws Amendment (Research and Development) Act 2001 (170 of 2001)

Schedule 2   Plant etc.

Part 2   Retrospective exemption of pilot plant from CGT provisions

Income Tax (Transitional Provisions) Act 1997

3   After section 118-10

Insert:

118-24A Pilot plant

(1) Disregard a *capital gain or *capital loss you make from a *CGT event happening in relation to pilot plant, as defined in subsection 73B(1) of the Income Tax Assessment Act 1936:

(a) if the CGT event happens after 11.45 am, by legal time in the Australian Capital Territory, on 21 September 1999; or

(b) if:

(i) the CGT event is CGT event A1 (disposal of a CGT asset); and

(ii) the time of the event is when you entered into the contract for the disposal of the CGT asset; and

(iii) the change of ownership constituting the disposal occurred after 11.45 am, by legal time in the Australian Capital Territory, on 21 September 1999.

(2) However, subsection (1) does not apply to assessments for the 2001-2002 income year and later income years.


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