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COMMONWEALTHAct
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s 124-141

ASGE licence etc.—cost base of ineligible part

In force
Chapter 3Specialist liability rules
Part 3-3Capital gains and losses: special topics
Division 124Replacement‑asset roll‑overs
Subdivision 124-CStatutory licences

124-141 ASGE licence etc.—cost base of ineligible part

(1)

For an original licence that has an ineligible part, the cost base of the ineligible part is the cost base of the original licence multiplied by the amount worked out under the formula:

Start formula start fraction Total ineligible proceeds over Total ineligible proceeds plus Value of new licence end fraction end formula

where:

total ineligible proceeds is the total of the ineligible proceeds (as described in section 124‑150 of the Income Tax Assessment Act 1997) in relation to all of the original licences that have an ineligible part.

value of new licence is:

(a)

if the new licence is an aquifer access licence mentioned in paragraph 124‑40(3)(a)—the 2002 value assigned under the ASGE program to the new licence; or

(b)

otherwise—the value of the new licence worked out in accordance with the regulations.

(2)

The regulations may specify one or more ways of working out the value of a licence (other than an aquifer access licence mentioned in paragraph 124‑40(3)(a)) for the purposes of this section.

(3)

For an original licence that has an ineligible part, the reduced cost base of the ineligible part is the reduced cost base of the original licence multiplied by the amount worked under the formula set out in subsection (1).

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