Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p5
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 5/18)
Character Range: 2698251–2700814

deposit fund or *complying superannuation fund is amended or replaced; and
 (b) the amendment or replacement is done for the purpose of:
 (i) complying with the Superannuation Industry (Supervision) Act 1993; or
 (ii) enabling a *complying approved deposit fund to become a *complying superannuation fund; and
 (c) the assets and members of the fund do not change as a consequence of the amendment or replacement.
Note: The full list of CGT events is in section 104‑5.
 (2) There is a roll‑over if:
 (a) *CGT event E1 or E2 happens in relation to a *CGT asset because the trust deed of a fund is amended or replaced; and
 (b) the amendment or replacement is done for the purpose of having:
 (i) the fund endorsed as an approved worker entitlement fund under subsection 58PB(3) of the Fringe Benefits Tax Assessment Act 1986; or
 (ii) the entity that operates the fund endorsed for the operation of the fund as an approved worker entitlement fund under subsection 58PB(3A) of that Act.
 (c) the assets and members of the fund do not change as a consequence of the amendment or replacement.
Note: The full list of CGT events is in section 104‑5.

126‑135  Consequences of roll‑over
 (1) A *capital gain or *capital loss made from the *CGT event is disregarded.
 (2) If the fund that owned the *CGT asset just before the time of the *CGT event *acquired it before 20 September 1985, the asset retains its status as a *pre‑CGT asset in the hands of the fund that owned it after the time of the event.
 (3) If the fund that owned the *CGT asset just before the time of the *CGT event *acquired it on or after 20 September 1985:
 (a) the first element of the asset's *cost base (in the hands of the fund that owned the asset after the time of the event) is its cost base just before that time; and
 (b) the first element of the asset's *reduced cost base asset is worked out similarly; and
 (c) the fund that owned the asset after the time of the event is taken to have acquired the asset at that time.

Subdivision 126‑D—Small superannuation funds

Table of sections
126‑140 CGT event involving small superannuation funds

126‑140  CGT event involving small superannuation funds

Payment splits under Family Law Act
 (1) There is a roll‑over if:
 (a) an interest in a *small superannuation fund is subject to a *payment split; and
 (b) the *non‑member spouse in relation to that interest serves a waiver notice under section 90XZA or 90YZQ of the Family Law Act 1975 in respect of that interest; and
 (c) as a result of serving the notice, the trustee (the transferor)