Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 118.192

  (1)   There is a special rule if:

  (a)   you would get only a partial exemption under this Subdivision for a * CGT event happening in relation to a * dwelling or your * ownership interest in it because the dwelling was used for the * purpose of producing assessable income during your * ownership period; and

  (aa)   that use occurred for the first time after 7.30 pm, by legal time in the Australian Capital Territory, on 20   August 1996; and

  (b)   you would have got a full exemption under this Subdivision if the CGT event had happened just before the first time (the income time ) it was used for that purpose during your ownership period.

  (2)   You are taken to have * acquired the * dwelling or your * ownership interest at the income time for its * market value at that time.

  (3)   If your * ownership interest in the * dwelling * passed to you as a beneficiary in a deceased estate, or you owned it as the trustee of a deceased estate and the * CGT event did not happen within 2 years of the deceased's death, you apply this Subdivision as if:

  (a)   you had * acquired the interest as an individual and not as a beneficiary or trustee of a deceased estate; and

  (b)   for applying the formula in section   118 - 185, your non - main residence days were the number of days in your * ownership period when the dwelling was not the main residence of an individual referred to in item   2, column 3 of the table in section   118 - 195.

Note:   There are special rules for dwellings acquired before 7.30 pm on 20   August 1996: see section   118 - 195 of the Income Tax (Transitional Provisions) Act 1997 .