Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 328.450

Small business transfers not to affect income tax positions

  (1)   Except as provided by this Subdivision, a transfer of an asset has no direct consequences under the * income tax law if:

  (a)   the transfer occurs under a transaction in relation to which section   328 - 430 applies; and

  (b)   a roll - over under this Subdivision is available under that section in relation to the asset.

Example:   If the transfer were a transfer of the asset from a company to a shareholder, it would not be treated as a payment of a dividend under Division   7A of Part   III of the Income Tax Assessment Act 1936 .

  (2)   To avoid doubt, this section does not affect the application of the * income tax law in relation to:

  (a)   anything that happens in relation to the asset that does not directly relate to the transfer; or

  (b)   the ownership of the asset at any time.


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