Commonwealth Consolidated Acts

INCOME TAX (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 294.120

Application

  (1)   This section applies in relation to a CGT asset of a complying superannuation fund if:

  (a)   section   294 - 115 applies in relation to the CGT asset; and

  (b)   as a result of paragraph   294 - 115(3)(a), the fund makes a capital gain in respect of the asset (disregarding this section); and

  (c)   the trustee of the fund makes a choice for the purposes of this paragraph in respect of the asset in accordance with subsection   (2).

  (2)   A choice made for the purposes of paragraph   (1)(c):

  (a)   is to be in the approved form; and

  (b)   can only be made on or before the day by which the trustee of the fund is required to lodge the fund's income tax return for the 2016 - 17 income year; and

  (c)   cannot be revoked.

Disregard initial capital gain

  (3)   Disregard the capital gain mentioned in paragraph   (1)(b).

Recognition of deferred notional gain

  (4)   The deferred notional gain is the 2016 - 17 non - exempt proportion of the amount of the fund's net capital gain for the 2016 - 17 income year determined on the assumptions that:

  (a)   subsection   (3) of this section does not apply; and

  (b)   the fund made no capital gains in that income year other than the gain mentioned in paragraph   (1)(b); and

  (c)   the fund made no capital losses in that income year; and

  (d)   the fund had no previously unapplied net capital losses from earlier income years.

  (5)   For the purposes of Division   102 of the Income Tax Assessment Act 1997 , if a realisation event happens to the asset in an income year that starts on or after 1   July 2017:

  (a)   treat the fund as having made a capital gain in that income year equal to the deferred notional gain; and

  (b)   disregard section   102 - 20 of that Act in respect of that capital gain; and

  (c)   treat that capital gain as not being a discount capital gain.

  (6)   Subsection   295 - 390(1) of the Income Tax Assessment Act 1997 does not apply to the amount by which a net capital gain is increased (or comes into existence) as a result of subsection   (5).

  (7)   In this section:

"2016-17 non-exempt proportion" means 1 minus the proportion mentioned in subsection   295 - 390(3) of the Income Tax Assessment Act 1997 in respect of the fund for the 2016 - 17 income year.

"deferred notional gain" has the meaning given by subsection   (4).