Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INCOME TAX ASSESSMENT ACT 1997 - SECT 316.60

Taking account of some capital gains and losses involving receipt of money

  (1)   This section applies if:

  (a)   a * CGT event happens under the demutualisation to an entity's interest affected by demutualisation (see section   316 - 55); and

  (b)   the event involves:

  (i)   the variation or abrogation of rights attaching to or consisting of the interest; or

  (ii)   the conversion, cancellation, extinguishment or redemption of the interest; and

  (c)   either:

  (i)   the entity is one described in paragraph   316 - 55(1)(a); or

  (ii)   the entity is one described in paragraph   316 - 55(2)(a) and the interest is a * CGT asset described in paragraph   316 - 55(2)(b); and

  (d)   the * capital proceeds from the event include or consist of money received by the entity.

  (2)   Work out whether the entity makes a * capital gain or * capital loss from the * CGT event, and the amount of the gain or loss, assuming that:

  (a)   the * capital proceeds from the CGT event were the amount they would be if they did not include any * market value of property other than money; and

  (b)   the * cost base and * reduced cost base for the interest were the amount worked out using the formula:

Start formula *Capital proceeds from the *CGT event times Valuation factor worked out under section 316-65 end formula

Example:   Assume the entity receives $50 in money and 10 shares with a market value of $4 each in respect of CGT event C2 happening, and that the valuation factor worked out under section   316 - 65 is 0.9. The entity makes a capital gain from the event of $5, worked out as follows:

Start formula $50 minus open bracket $50 times 0.9 close bracket end formula

  This ignores the market value of the shares because they are property other than money.

Note:   Division   114 (Indexation of cost base) is not relevant, because this section provides exhaustively for working out the amount of the cost base.

  (3)   The * capital gain or * capital loss is not to be disregarded, despite:

  (a)   section   316 - 55; and

  (b)   any provision of this Act for disregarding the * capital gain or * capital loss because the interest affected by demutualisation was * acquired before 20   September 1985.

Note:   The capital gain is not a discount capital gain: see section   115 - 55.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback