This table sets out other acquisition rules in this Part and Part 3 - 3. Some of the rules have effect only for limited purposes.
Other acquisition rules | |||
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| You acquire the asset at this time: |
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1 | A CGT asset devolves to you as legal personal representative of a deceased individual | when the individual died | section 128 - 15 |
2 | A CGT asset passes to you as beneficiary in the estate of a deceased individual | when the individual died | sections 128 - 15 and 128 - 25 |
3 | A surviving joint tenant acquires deceased joint tenant's interest in a CGT asset | when the deceased died | section 128 - 50 |
4 | You get only a partial exemption under Subdivision 118 - B for a CGT event happening to a CGT asset that is a dwelling, but you would have got a full exemption if the CGT event had happened just before the first time the dwelling was used for that purpose | at that time | section 118 - 192 |
5 | The trustee of a deceased estate acquires a dwelling under the deceased's will for you to occupy, and you obtain an interest in it | when the trustee acquired it | section 118 - 210 |
6 | You obtain a replacement - asset roll - over for replacing an asset you acquired before 20 September 1985 | before 20 September 1985 | Divisions 122 and 124 |
7 | You obtain a replacement - asset roll - over for a Crown lease, or a prospecting or mining entitlement that is renewed or replaced and part of the new entitlement relates to a part of the old one that you acquired before 20 September 1985 | before 20 September 1985 (for that part of the new entitlement that relates to the pre - CGT part of the old one) | sections 124 - 595 and 124 - 725 |
8 | You obtain a same - asset roll - over for a CGT asset the transferor acquired before 20 September 1985 | before 20 September 1985 | Subdivision |
8A | There is a same - asset roll - over for a CGT event that happens to a CGT asset (acquired on or after 20 September 1985) because the trust deed of a fund is changed and you are the fund that owns the asset after the CGT event | at the time of the CGT event | Subdivision |
8B | There is a same - asset roll - over for a CGT event that happens to a CGT asset | when the entity that owned the asset before the roll - over acquired it | section 115 - 30 |
8C | You obtain a replacement - asset roll - over (other than a roll - over covered by section 115 - 34) for replacing a CGT asset | when you acquired the original asset involved in the roll - over | section 115 - 30 |
8D | A CGT asset devolves to you as legal personal representative of a deceased individual | when the deceased acquired the asset (unless it was a pre - CGT asset just before his or her death) | section 115 - 30 |
8E | A CGT asset passes to you as beneficiary in the estate of a deceased individual | when the deceased acquired the asset (unless it was a pre - CGT asset just before his or her death) | section 115 - 30 |
8F | A surviving joint tenant acquires a deceased joint tenant's interest in a CGT asset | when the deceased acquired the interest | section 115 - 30 |
8G | You hold a membership interest in the receiving trust involved in a roll - over under Subdivision 126 - G | when you acquired the corresponding membership interest in the transferring trust involved in the roll - over | section 115 - 30 |
9 | A company or trustee of a unit trust issues you with bonus equities and no amount is included in your assessable income | if the
original equities are post - CGT assets, or are pre - CGT assets and fully
paid--when you acquired the original equities; or | section 130 - 20 |
10 | You own shares in a company or units in a unit trust and you exercise rights to acquire new equities in the company or trust | for the rights | section 130 - 40 |
11 | You acquire shares in a company or units in a unit trust by converting a convertible interest | when the conversion of the convertible interest happened | section 130 - 60 |
11A | You acquire shares in a company in exchange for the disposal of an exchangeable interest, and the disposal of the exchangeable interest was to: (a) the issuer of the exchangeable interest; or (b) a connected entity of the issuer of the exchangeable interest | when the disposal of the exchangeable interest happened | section 130 - 105 |
11B | You acquire shares in a company in exchange for the redemption of an exchangeable interest | when the redemption of the exchangeable interest happened | section 130 - 105 |
13 | You (as a lessee of land) acquire the reversionary interest of the lessor and there is no roll - over for the acquisition | if term of lease was
for 99 years or more--when the lease was granted or assigned to you; or | section 132 - 15 |
14 | You acquired a CGT asset before 20 September 1985, and there has since been a change in the majority underlying interests in the asset | at the time of the change | Division 149 |
15 | You become an Australian resident (but not a temporary resident) and you owned a CGT asset that you acquired on or after 20 September 1985 and that was not * taxable Australian property | when you become an Australian resident (but not a temporary resident) | |
15A | You are a temporary resident, you then cease to be a temporary resident (but remain, at that time, an Australian resident) and you owned a CGT asset that you acquired on or after 20 September 1985 and that was not * taxable Australian property | when you cease to be a temporary resident | section 768 - 955 |
16 | A trust of which you are trustee becomes a resident trust for CGT purposes and you owned a CGT asset that you acquired on or after 20 September 1985 and that was not * taxable Australian property | when the trust becomes a resident trust for CGT purposes | section 855 - 50 |
17 | There is a roll - over under Subdivision 126 - B for a CGT event and you are the company owning the roll - over asset just after the roll - over and you stop being a 100% subsidiary of another company in the wholly - owned group | when you stop | section 104 - 175 |
Note: Section 115 - 34 sets out other acquisition rules for
certain cases involving replacement - asset roll - overs covered by that
section.