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INCOME TAX ASSESSMENT ACT 1997 - SECT 118.1 What this Division is about

INCOME TAX ASSESSMENT ACT 1997 - SECT 118.1

What this Division is about

This Division sets out various exemptions for many capital gains and losses.

There are other provisions that provide exemptions from CGT liability, for example, Division   104 (exceptions from CGT events), Division   152 (small business relief) and Division   50 (exempt entities).

Note 1:   There are also these exemptions in the Income Tax Assessment Act 1936 :

  section   23AH (about foreign branch gains and losses of companies);

  section   26BC (about securities lending arrangements);

  section   121AS (about demutualisation of insurance companies);

  sections   121EL, 121ELA and 121ELB (about offshore banking units);

  section   159GZZZN (about buy - back and cancellation of shares);

  section   315 (about superannuation and related businesses);

  section   408 (about calculating the attributable income of a CFC).

Note 2:   There are also exemptions in Division   54.

Note 3:   There are also exemptions in Divisions   315 and 316 (about demutualisation of certain insurers).

Table of sections

Exempt assets

118 - 5   Cars, motor cycles and valour decorations

118 - 10   Collectables and personal use assets

118 - 12   Assets used to produce exempt income etc.

118 - 13   Shares in a PDF

118 - 15   Registered emissions units

Anti - overlap provisions

118 - 20   Reducing capital gains if amount otherwise assessable

118 - 21   Carried interests

118 - 22   Superannuation lump sums and employment termination payments

118 - 24   Depreciating assets

118 - 25   Trading stock

118 - 27   Division   230 financial arrangements and financial arrangements to which Subdivision   250 - E applies

118 - 30   Film copyright

118 - 35   R&D

Exempt or loss - denying transactions

118 - 37   Compensation, damages etc.

118 - 40   Expiry of a lease

118 - 42   Transfer of stratum units

118 - 45   Sale of rights to mine

118 - 55   Foreign currency hedging gains and losses

118 - 60   Certain gifts

118 - 65   Later distributions of personal services income

118 - 70   Transactions by exempt entities

118 - 75   Marriage or relationship breakdown settlements

118 - 77   Native title and rights to native title benefits

Boat capital gains

118 - 80   Reduction of boat capital gain

Special disability trusts

118 - 85   Special disability trusts

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