Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 126.250

Consequences for beneficiaries--other approach for working out cost base etc.

  (1)   This section applies if the beneficiary owns one or more * membership interests in the transferring trust at all times during the period:

  (a)   starting just before this time (the starting time ):

  (i)   the transfer time; or

  (ii)   the transfer time for an asset referred to in paragraph   126 - 225(2)(c) (assuming subsection   126 - 225(2) applies); and

  (b)   ending just after this time (the ending time ):

  (i)   the transfer time (assuming this is not also the starting time); or

  (ii)   a later time in the transfer year that is the transfer time for another asset for which a roll - over is obtained under this Subdivision for the trusts.

Note:   Subsection   126 - 225(2) applies if the roll - over asset is transferred to the receiving trust after an earlier roll - over under this Subdivision, for another asset, was obtained for the trusts.

  (2)   The beneficiary may choose for each of the following:

  (a)   the * cost base and * reduced cost base of each of those * membership interests and of the beneficiary's corresponding membership interests in the receiving trust;

  (b)   the time each of those corresponding interests in the receiving trust is treated as having been * acquired;

to be adjusted under subsection   (3) for the period.

  (3)   For each of the interests referred to in subsection   (2), subsections   126 - 245(2), (3), (4), (5) and (6) apply as if:

  (a)   references in those subsections to just before the transfer time were references to just before the starting time; and

  (b)   references in those subsections to just after the transfer time were references to just after the ending time.


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