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INCOME TAX ASSESSMENT ACT 1997 - SECT 114.5 When indexation relevant

INCOME TAX ASSESSMENT ACT 1997 - SECT 114.5

When indexation relevant

  (1)   Indexation is only relevant if the * cost base of a * CGT asset is relevant to a * CGT event.

Note 1:   The table in section   110 - 10 sets out the CGT events for which cost base is not relevant.

Note 2:   Indexation is not relevant to the reduced cost base of a CGT asset.

Indexation for some entities only if indexation chosen

  (2)   Indexation is not relevant to the * capital gain of an entity mentioned in an item of the table from a * CGT event happening after 11.45 am (by legal time in the Australian Capital Territory) on 21   September 1999, unless the relevant entity mentioned in that item has chosen that the * cost base include indexation:

 

Entities for which indexation is not relevant unless chosen

Item

Indexation is not relevant to the capital gain of this entity:

Unless this entity has chosen that the cost base include indexation:

1

An individual

The individual

2

A * complying superannuation entity

The trustee of the complying superannuation entity

3

A trust

The trustee of the trust

4

A listed investment company

The company

  (3)   Indexation is not relevant to the * capital gain of a * life insurance company from a * CGT event happening after 30   June 2000 in respect of a * CGT asset that is a * complying superannuation asset unless the company has chosen that the * cost base include indexation.

Note:   Section   114 - 5 of the Income Tax (Transitional Provisions) Act 1997 provides that indexation is not relevant to the capital gain of a life insurance company or registered organisation from a CGT event after 11.45 am on 21   September 1999 and before 1   July 2000 unless the company or organisation chooses it.

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