Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 122.55

All assets acquired before 20 September 1985

  (1)   You are taken to have * acquired all of the * shares before 20   September 1985 if you acquired all the assets of the * business before that day and none of the assets is a * precluded asset.

  (2)   However, if at least one of the assets is a * precluded asset, you are taken to have * acquired a whole number of the * shares (but not all of them) before that day. The number is the greatest possible that (when expressed as a percentage of all the shares) does not exceed:

  the total of the * market values of the assets that are not * precluded assets, less any liabilities the company undertakes to discharge in respect of those assets;

expressed as a percentage of:

  the total of the market values of all the assets, less any liabilities the company undertakes to discharge in respect of those assets.

Note:   There are rules for working out what are the liabilities in respect of an asset: see section   122 - 37.

  (3)   The first element of each other * share's * cost base and * reduced cost base is the total of the * market values of the * precluded assets (less any liabilities the company undertakes to discharge in respect of those assets) divided by the number of those other shares.

  (4)   The * market value of an asset is worked out when you * disposed of it. The * cost base or * reduced cost base of an asset is worked out at the same time.


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