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COMMONWEALTHAct
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s 136-25

When an asset is taxable Australian property

In force
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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