Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 110.36

  (1)   The cost base of a * CGT asset * acquired at or before 11.45 am (by legal time in the Australian Capital Territory) on 21   September 1999 also includes indexation of the elements of the cost base (except the third element) if the requirements of Division   114 are met.

  (2)   However, for the purposes of working out the * capital gain of an entity mentioned in an item of the table from a * CGT event happening after 11.45 am (by legal time in the Australian Capital Territory) on 21   September 1999, the cost base includes indexation only if the entity mentioned in the item chooses that the cost base includes indexation.

 

Choice of indexation
Item	For the purposes of working out the capital gain of this entity:	The cost base includes indexation only if this entity chooses so:
1	An individual	The individual
2	A * complying superannuation entity	The trustee of the complying superannuation entity
3	A trust	The trustee of the trust
4	A listed investment company	The company

Note 1:   Section   103 - 25 specifies when you must make the choice and provides that the way you prepare your income tax return is evidence of your choice.

Note 2:   For each CGT asset whose cost base you need to work out, you may either choose to index the expenditure included in the asset's cost base or not make that choice. If you do not choose to index the expenditure, your net capital gain includes only part of your capital gain on the CGT asset as worked out on the basis of the cost base not including indexation and reduced by your capital losses.

  (3)   Also, for the purpose of working out the * capital gain of a * life insurance company from a * CGT event happening after 30   June 2000 in respect of a * CGT asset that is a * complying superannuation asset, the cost base includes indexation only if the life insurance company chooses that the cost base includes indexation.

Note:   Section   110 - 25 of the Income Tax (Transitional Provisions) Act 1997 provides that, in working out the capital gain from a CGT event after 11.45 am on 21   September 1999 and before 1   July 2000 in respect of an asset of a life insurance company or registered organisation, the cost base includes indexation only if the company or organisation chooses it.