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INCOME TAX ASSESSMENT ACT 1997 - SECT 165.115AA

Special rules to save compliance costs

  (1)   A company is exempt from these rules if, at the time of the change in ownership or control, it (together with certain related entities) has a net asset value of not more than $6,000,000 under the test in section   152 - 15 (for small business CGT relief).

  (2)   In working out whether it has an unrealised net loss, a company can choose to work out the market value of each of its assets individually, or of all of its assets together.

  (3)   If a company works out the market value of each of its assets individually, it may choose to exclude every asset that it acquired for less than $10,000, in which case:

  (a)   unrealised losses and gains on the excluded assets will not be taken into account in calculating the company's unrealised net loss; and

  (b)   losses on the excluded assets will be allowed without the company being subject to the business continuity test.

Table of sections

Operative provisions

165 - 115A   Application of Subdivision

165 - 115B   What happens when the company makes a capital loss or becomes entitled to a deduction in respect of a CGT asset after a changeover time

165 - 115BAWhat happens when a CGT event happens after a changeover time to a CGT asset of the company that is trading stock

165 - 115BBOrder of application of assets: residual unrealised net loss

165 - 115C   Changeover time--change in ownership of company

165 - 115D   Changeover time--change in control of company

165 - 115E   What is an unrealised net loss

165 - 115F   Notional gains and losses


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