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Division 102 - Assessable income includes net capital gain  

Operative provisions  

SECTION 102-30  

102-30  Exceptions and modifications  

 View history reference ITAA 36
Provisions of this Act are in normal text. The other provisions, in bold , are provisions of the Income Tax Assessment Act 1936 .
Special rules affecting capital gains and capital losses
ItemFor this kind of entity:There are these special rules:See:
1All entitiesYou can subtract capital losses from collectables only from your capital gains from collectables.section 108-10
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2All entitiesDisregard capital losses you make from personal use assets.section 108-20
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2AABeneficiary of trust that makes a capital gain taken into account in working out the net income of the trustThe beneficiary is treated as having an extra capital gain corresponding to the beneficiary ' s share of the capital gain (taking into account adjustments in respect of the CGT discount and small business concessions).Subdivision 115-C
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2A(Repealed by No 165 of 1999) 
2B(Repealed by No 165 of 1999) 
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3All entitiesIf any of your commercial debts have been forgiven in the income year, your net capital losses (including net capital losses from collectables) may be reduced.sections 245-130 and 245-135
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4A companyIf it has a change of ownership or control during the income year, and has not satisfied the same business test, it works out its net capital gain and net capital loss in a special way.Subdivision 165-CB
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5A companyIt cannot apply a net capital loss unless:Subdivision 165-CA
  ·the same people owned the company during the loss year, the income year and any intervening year; and 
  ·no person controlled the company ' s voting power at any time during the income year who did not also control it during the whole of the loss year and any intervening year; 
  or the company has satisfied the same business test. 
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6A companyIf one or more of these things happen:Division 175
  ·a capital gain or loss is injected into it; 
  ·a tax benefit is obtained from its available net capital losses or current year capital losses; 
  ·a tax benefit is obtained because of its available capital gains; 
  the Commissioner can disallow its net capital losses or current year capital losses, and it may have to work out its net capital loss in a special way. 
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7A companyA company can transfer a surplus amount of its net capital loss to another company so that the other company can apply the amount in the income year of the transfer. (Both companies must be members of the same wholly-owned group.)Subdivision 170-B
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7AThe head company of a consolidated group or a MEC groupThe head company of a consolidated group or a MEC group must apply the capital loss from CGT event L1 over at least 5 income yearssection 104-500
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8A PDFIf it is a PDF at the end of an income year for which it has a net capital loss, it can apply the loss in a later income year only if it is a PDF throughout the last day of the later income year.section 195-25
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9A PDFIf it becomes a PDF during an income year, it works out its net capital gain and net capital loss for the income year in a special way.section 195-35
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10Body that has ceased to be an STBNet capital losses made before cessation disregarded. Special rules apply in cessation year where net capital gain before cessation and net capital loss after cessation.section 24AX
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10AAll entitiesDivision 316 contains special rules affecting capital gains and capital losses connected with demutualisation of friendly society health or life insurers.Division 316
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11A life insurance companyDivision 320 contains special rules that apply to capital gains and capital lossesDivision 320
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12A companyThe capital gain or capital loss a company makes from a CGT event that happened to a share in a company that is a foreign resident may be reduced.Subdivision 768-G
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13A PDFSections 102-5 and 102-10 do not apply to the calculation of net capital gains and losses. Capital gains and losses are instead allocated to separate classes of income.Subdivision C of Division 10E of Part III
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14A CFCIn calculating the CFC ' s attributable income, pre-1 July 1990 capital losses are disregarded.section 409


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