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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-B - Main residence  

Partial exemption rules

SECTION 118-192  Special rule for first use to produce income  

 ITAA 36

118-192(1)  

There is a special rule if:


(a) you would get only a partial exemption under this Subdivision for a *CGT event happening in relation to a *dwelling or your *ownership interest in it because the dwelling was used for the *purpose of producing assessable income during your *ownership period; and


(aa) that use occurred for the first time after 7.30 pm, by legal time in the Australian Capital Territory, on 20 August 1996; and
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(b) you would have got a full exemption under this Subdivision if the CGT event had happened just before the first time (the income time ) it was used for that purpose during your ownership period.

118-192(2)  

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You are taken to have *acquired the *dwelling or your *ownership interest at the income time for its *market value at that time.

118-192(3)  

If your *ownership interest in the *dwelling *passed to you as a beneficiary in a deceased's estate, or you owned it as the trustee of a deceased estate and the *CGT event did not happen within 2 years of the deceased's death, you apply this Subdivision as if:


(a) you had *acquired the interest as an individual and not as a beneficiary or trustee of a deceased estate; and


(b) for applying the formula in section 118-185 , your non-main residence days were the number of days in your *ownership period when the dwelling was not the main residence of an individual referred to in item 2, column 3 of the table in section 118-195 .

Note:

There are special rules for dwellings acquired before 7.30 pm on 20 August 1996: see section 118-195 of the Income Tax (Transitional Provisions) Act 1997 .


 



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