s 136-25
In forceWhen an asset is taxable Australian property
Chapter 3Specialist liability rules
Part 3-3Capital gains and losses: special topics
Division 136Foreign residents
Subdivision 136-AMaking a capital gain or loss
136-25 When an asset is taxable Australian property
A CGT asset a company owns is taxable Australian property if:
(a)
the company acquired the asset after 28 January 1988 and on or before 25 May 1988; and
(b)
it acquired the asset as a result of a disposal (for the purposes of former Part IIIA of the Income Tax Assessment Act 1936) for which there was a roll‑over under former section 160ZZN or 160ZZO of that Act; and
(c)
that disposal was by:
(i)
an entity that was not a trustee, and not a resident of Australia for the purposes of that Act; or
(ii)
an entity that was a trustee of a trust that was not a resident trust estate, or a resident unit trust, for the purposes of that Act.
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