Disposition of assets in 5 year period—members of couples
52JD Disposition of assets in 5 year period—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 sum of the amount of the relevant disposition and the amounts of any previous dispositions of assets made during the rolling period by the person, the person’s partner or the person and the person’s partner;
less
the sum of any amounts included in the value of the assets of the person or of the partner during the rolling period under section 52JA, 52JB or 52JC or any previous application or applications of this section;
exceeds $30,000, 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:
an amount equal to one‑half of the excess;
one‑half of the amount of the relevant disposition.
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.
Rolling period
For the purposes of this section, the rolling period is the period comprising the tax year in which the relevant disposition took place and such (if any) of the 4 previous tax years as occurred after 30 June 2002.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.