Tax Laws Amendment (2012 Measures No. 6) Act 2013 (84 of 2013)
Schedule 1 Tax treatment of native title benefits
Part 1 Main amendments
Income Tax Assessment Act 1997
4 After section 118-75
Insert:
118-77 Native title and rights to native title benefits
(1) A *capital gain or *capital loss you make is disregarded if:
(a) you are an *Indigenous person or an *Indigenous holding entity; and
(b) you make the gain or loss because one of the following things happens in relation to a *CGT asset mentioned in subsection (2):
(i) you transfer the CGT asset to one or more entities that are either Indigenous persons or Indigenous holding entities;
(ii) you create a trust, that is an Indigenous holding entity, over the CGT asset;
(iii) your ownership of the CGT asset ends, resulting in *CGT event C2 happening in relation to the CGT asset.
(2) The *CGT assets are as follows:
(a) *native title;
(b) the right to be provided with a *native title benefit.
Note: Paragraph (a) does not require a determination of native title under the Native Title Act 1993.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).