Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INCOME TAX ASSESSMENT ACT 1997 - SECT 124.10

Your ownership of one CGT asset ends

             (1)  There are these consequences (in most cases) if you can obtain a roll-over when your ownership of a * CGT asset (the original asset ) ends and you * acquire one or more CGT assets (the new assets ) in a situation covered by this Division.

          (1A)  A * car, motor cycle or similar vehicle must not be one of the new assets.

             (2)  A * capital gain or a * capital loss you make from the original asset is disregarded.

             (3)  If you * acquired the original asset on or after 20 September 1985, the first element of each new asset's * cost base is:

The first element of each new asset's * reduced cost base is worked out similarly.

Note 1:       In some cases the amount you paid to acquire the new asset also forms part of the first element: see Subdivision 124-D (about strata title conversion) and Subdivision 124-O (about FSR transitions).

Note 2:       There are modifications to the consequences in Subdivision 124-B (about compulsory acquisition, loss or destruction), Subdivision 124-C (about statutory licences), Subdivision 124-J (about Crown leases), Subdivision 124-L (about prospecting and mining) and Subdivision 124-O (about FSR transitions).

Note 3:       No other elements of the cost base of the new asset are affected by the roll-over.

Note 4:       There are special indexation rules for roll-overs: see Division 114.

Note 5:       The reduced cost base may be modified for a roll-over happening after a demerger: see section 125-170.

             (4)  If you * acquired the original asset before 20 September 1985, you are taken to have acquired each new asset before that day.

Note:          A capital gain or loss you make from a CGT asset you acquired before 20 September 1985 is generally disregarded: see Division 104. This exemption is removed in some situations: see Division 149.

             (5)  However, subsection (4) is taken never to have applied to a * share to which subsection 104-195(6) applies (CGT event J4).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback