Disposition of assets in tax year—members of couples
52JC Disposition of assets in tax year—members of couples
Dispositions to which section applies
If there is a disposition (the relevant disposition) on or after 1 July 2002 of an asset by:
a person who, at the time of the relevant disposition, is a member of a couple; or
the person referred to in paragraph (a) and the person who is, at that time, the partner of the person referred to in that paragraph;
subsection (2) has effect.
Increase in value of assets
Subject to this section, if the amount of the relevant disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the person, the person’s partner, or the person and the person’s partner, during the tax year in which the relevant disposition took place (whether before or after they became members of the couple), exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the person and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposition took place:
one‑half of the amount of the relevant disposition;
one‑half of the amount by which the sum of the amount of the relevant disposition, and the amounts (if any) of other dispositions of assets previously made by the person, the partner, or the person and the partner, during the tax year in which the relevant disposition took place, exceeds $10,000.
Effect of ceasing to be member of couple
If, after the disposition referred to in paragraph (1)(a), the person and the person’s partner cease to be members of the same couple:
no amount is to be included after the cessation in the value of the assets of the former partner because of that disposition; and
any amount that would, apart from this subsection, have been so included is to be included in the value of the assets of the person.
Effect of death of person
If, after the disposition referred to in paragraph (1)(a), the person dies, no amount is to be included in the value of the assets of the person’s partner because of that disposition.
Effect of death of partner
If, after the disposition referred to in paragraph (1)(a), the person’s partner dies, any amount that, if the partner had not died, would have been included in the value of the assets of the partner because of that disposition is to be included in the value of the assets of the person.
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