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Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-1 - CAPITAL GAINS AND LOSSES: GENERAL TOPICS  

Division 118 - Exemptions  

Subdivision 118-A - General exemptions  

Anti-overlap provisions

SECTION 118-25  Trading stock  

118-25(1)  

 ITAA 36
A *capital gain or *capital loss you make from a *CGT asset is disregarded if, at the time of the *CGT event, the asset is:


(a) your *trading stock; or


(b) if you are a partner, trading stock of the partnership; or


(c) if you are absolutely entitled to the asset as against the trustee of a trust (disregarding any legal disability), trading stock of the trustee.

118-25(2)  

 ITAA 36
A *capital gain or *capital loss you make in these circumstances is disregarded:


(a) you start holding as *trading stock a *CGT asset you already own but do not hold as trading stock; and


(b) you elect under paragraph 70-30(1)(a) to be treated as having sold the asset for its cost (worked out under that section).

Note 1:

Paragraph 70-30(1)(a) allows you to elect the cost of the asset, or its market value, just before it became trading stock.

Note 2:

You may make a capital gain or loss if you elect its market value: see CGT event K4.


 



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