Commonwealth Numbered ActsIncome Tax Assessment Act 1936
Division 17A of Part IIIA (heading)Repeal the heading, substitute:
2 Subsection 160ZZPK(1)
Insert:
3 Subsection 160ZZPK(1)
Insert:
4 Subsection 160ZZPK(1) (at the end of the definition of gross non-goodwill roll-over amount )
Add "or (3A)".
5 Subsection 160ZZPK(1)
Insert:
6 Subsection 160ZZPK(1) (at the end of the definition of roll-over asset )
Add ", (8) or (9)".
7 Before paragraph 160ZZPL(7)(a)
Insert:
8 At the end of section 160ZZPL
Add:
9 At the end of Subdivision A of Division 17A of Part IIIA
Add:
160ZZPNA Controlling individualExplanation of section
Control of companies
Control of unit trusts
Employee
Redeemable shares to be disregarded
is taken not to hold the interest at that time.
Individual becoming director or employee within 3 months
the individual is taken, for the purposes of this Division, to have been such a director and employee, or such an employee, as the case may be, at all times during that period.
10 Subdivision B of Division 17A of Part IIIA (heading)
Repeal the heading, substitute:
11 Section 160ZZPO
Repeal the section, substitute:
160ZZPO What this Subdivision is about
This Subdivision sets out the way in which roll-over
relief is given to a taxpayer in respect of a year of income in which certain
assets (roll-over assets) are disposed of by the taxpayer.
If certain
threshold criteria and other conditions are satisfied, capital gains do not
accrue in respect of the disposals and net roll-over amounts are worked out
for the roll-over assets.
The taxpayer may then nominate certain replacement
assets in respect of the net roll-over amounts and is to apportion the net
roll-over amounts to replacement assets in accordance with various rules.
The
amounts apportioned are taken to reduce the cost base of the replacement
assets.
12 Subsection 160ZZPP (note)
Omit "paragraph 160ZZPL(7)(b)", substitute "paragraphs 160ZZPL(7)(b), (8)(d) and (9)(d)".
13 Paragraphs 160ZZPQ(1)(c) and (d)
Repeal the paragraphs, substitute:
14 Subsection 160ZZPQ(3)
Repeal the subsection, substitute:
Calculation of gross non-goodwill roll-over amount for assets other than shares or units
an amount (the gross non-goodwill roll-over amount ) equal to the notional capital gain is taken for the purposes of this Division to apply to the taxpayer in respect of the year of income in which the disposal occurred.
Calculation of gross non-goodwill roll-over amount for shares or units

Amount taken to be capital gain
Unrealised net capital gain from active assets
were disposed of at that time and the consideration for the disposal of each asset was an amount equal to the market value of the asset.
Certain assets to be disregarded in calculating unrealised net capital gain
15 Subsection 160ZZPT(1)
Omit all the words after "one or more", substitute "approved assets (a replacement asset or replacement assets ) that were acquired by the taxpayer within the period beginning one year before, and ending 2 years after, the last disposal by the taxpayer of any roll-over asset in that year of income".
16 After subsection 160ZZPT(1)
Insert:
Active asset may be nominated
Certain shares may be nominated
Certain units in unit trusts may be nominated
17 Subsections 160ZZPV(2) and (3)
Repeal the subsections, substitute:

where:
"market value" means the market value at that time.
18 Subsections 160ZZPW(5) and (6)
Repeal the subsections, substitute:

where:
"market value" means the market value at that time.
19 After section 160ZZPX
Insert:
160ZZPXA Change of circumstances of company or unit trust
Change of circumstances to which section applies
Exception
Capital gain accrues when change of circumstances occurs
Consideration to be increased
20 Paragraph 160ZZPZD(1)(a)
Omit "to (d)", substitute "to (c)".
21 After paragraph 160ZZPZD(1)(a)
Insert:
22 Paragraph 160ZZPZH(2)(a)
Omit "to (d)", substitute "to (c)".
23 After paragraph 160ZZPZH(2)(a)
Insert:
24 Paragraph 160ZZPZI(2)(a)
Omit "to (d)", substitute "to (c)".
25 After paragraph 160ZZPZI(2)(a)
Insert:
26 Application of amendments
The amendments made by this Part apply to disposals of assets on or after 1 July 1997.
Part 2Technical amendments
Income Tax Assessment Act 1936
27 Subsection 160ZZPK(1)
Insert:
28 Subsection 160ZZPK(1)
Insert:
29 Subsection 160ZZPK(1) (definition of total goodwill cost base )
Repeal the definition, substitute:
30 Subsection 160ZZPK(1) (definition of total non-goodwill cost base )
Repeal the definition.
31 After subsection 160ZZPL(3)
Insert:
Subsection 157(3) to be disregarded
32 Subsection 160ZZPL(5)
After "roll-over asset", insert "that is an intangible asset and".
Note: The heading to subsection 160ZZPL(5) is replaced by " Exception for intangible roll-over asset whose value has been enhanced by the taxpayer ".
33 After subsection 160ZZPN(2)
Insert:
Where Public Trustee is trustee of discretionary trust
34 Paragraph 160ZZPN(3)(c)
After "is", insert "not".
35 Section 160ZZPO
Omit "base", substitute "of the acquisition".
36 Subsection 160ZZPP(2)
Repeal the subsection.
37 Subsection 160ZZPP(3)
Omit "or an associate of the taxpayer".
38 After paragraph 160ZZPP(4)(a)
Insert:
Note: The assets of a taxpayer do not include shares, units or other interests in entities connected with the taxpayer (see subsection 160ZZPL(2)).
39 Paragraph 160ZZPP(4)(c)
Repeal the paragraph.
40 Paragraph 160ZZPQ(1)(e)
Repeal the paragraph, substitute:
41 Paragraph 160ZZPR(2)(b)
Repeal the paragraph, substitute:
42 At the end of paragraph 160ZZPS(2)(b)
Add:
43 Before subsection 160ZZPT(2)
Insert:
When nomination to be made
44 Paragraphs 160ZZPU(2)(a) and (b)
Repeal the paragraphs, substitute:
45 Paragraphs 160ZZPU(3)(a) and (b)
Repeal the paragraphs, substitute:
46 Paragraphs 160ZZPV(2)(a) and (b)
Repeal the paragraphs, substitute:
47 After subsection 160ZZPV(2)
Insert:
48 Paragraphs 160ZZPW(3)(a) and (b)
Repeal the paragraphs, substitute:
49 Paragraphs 160ZZPW(4)(a) and (b)
Repeal the paragraphs, substitute:
50 Paragraphs 160ZZPW(5)(a) and (b)
Repeal the paragraphs, substitute:
51 After subsection 160ZZPW(5)
Insert:
52 Subparagraph 160ZZPX(1)(d)(i)
Before "ceases", insert "if the replacement asset is not a share in a company or a unit in a unit trust".
53 Subsection 160ZZPX(3)
Repeal the subsection, substitute:
Consideration to be increased
54 Subsection 160ZZPXA(4)
Omit "cost base", substitute "amount that, at the time of the acquisition of the asset, was the consideration in respect of the acquisition".
55 Subsection 160ZZPY(3)
Repeal the subsection, substitute:
Consideration to be increased
56 Paragraph 160ZZPZ(1)(b)
Omit "section 160ZZPX", substitute "sections 160ZZPX and 160ZZPXA".
57 Paragraph 160ZZPZ(2)(b)
Omit "section 160ZZPX", substitute "sections 160ZZPX and 160ZZPXA".
58 Application of amendments
(1) The amendments made by items 32, 35 and 44 to 51 and 53 to
55 apply to disposals of assets after 23 October 1997.
(2) The amendment made
by item 40 applies in respect of roll-over assets acquired after 23 October
1997.
(3) The amendments made by items 31, 33, 34, 36 to 39, 41 to 43, 52, 56
and 57 apply to disposals of assets on or after 1 July 1997.