Tax Laws Amendment (2006 Measures No. 4) Act 2006 (168 of 2006)
Schedule 4 CGT and foreign residents
Part 4 Application and transitional
Income Tax (Transitional Provisions) Act 1997
109 After Subdivision 104-G
Insert:
Subdivision 104-I - Australian residency ends
104-165 Choices made under subsection 104-165(2) of the Income Tax Assessment Act 1997
(1) This section applies if:
(a) a choice was made under subsection 104-165(2) of the Income Tax Assessment Act 1997; and
(b) because of the choice, an asset is taken to have the necessary connection with Australia under subsection 104-165(3) of the Income Tax Assessment Act 1997 just before the commencement of Schedule 4 of the Tax Laws Amendment (2006 Measures No. 4) Act 2006.
(2) To avoid doubt, the choice has effect for the purposes of subsection 104-165(3) of the Income Tax Assessment Act 1997 as in force on and after that commencement.
Note: This means that the asset will be taxable Australian property under the Income Tax Assessment Act 1997 as in force on and after that commencement.
104-166 Subsection 104-165(1) still applies if you continue to be a short term Australian resident
Subsection 104-165(1) of the Income Tax Assessment Act 1997 continues to apply, despite its repeal by item 20 of Schedule 1 to the Tax Laws Amendment (2006 Measures No. 1) Act 2006, to an individual:
(a) who is in Australia on the day on which that item receives the Royal Assent; and
(b) who remains an Australian resident from that day until the time subsection 104-165(1) is applied in respect of him or her.
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