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INCOME TAX ASSESSMENT ACT 1997 - SECT 124.1115 Roll - over consequences--partial roll - over

INCOME TAX ASSESSMENT ACT 1997 - SECT 124.1115

Roll - over consequences--partial roll - over

  (1)   You can obtain only a partial roll - over in relation to an original entitlement if the * capital proceeds for that entitlement includes something (the ineligible proceeds ) other than a new entitlement or new entitlements. There is no roll - over for that part (the ineligible part ) of the entitlement for which you received the ineligible proceeds.

Note:   If the roll - over is under subsection   124 - 1105(2), some or all of the original entitlements may each have an ineligible part.

  (2)   The * cost base of the ineligible part   is that part of the cost base of the original entitlement as is reasonably attributable to the ineligible part.

  (3)   The * reduced cost base of the ineligible part   is worked out similarly.

  (4)   In working out what is reasonably attributable to the ineligible part for the purposes of subsections   (2) and (3), have regard to the * market value of the new entitlement relative to the market value of the ineligible proceeds.

  (5)   If the roll - over is under subsection   124 - 1105(2), for the purposes of sections   124 - 1120 and 124 - 1130, for each original entitlement that has an ineligible part:

  (a)   reduce the * cost base of that entitlement (just before you stopped owning it) by so much of that cost base as is attributable to that ineligible part; and

  (b)   reduce the * reduced cost base of that entitlement similarly.

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