Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p8
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 8/20)
Character Range: 6811111–6813879

be disregarded under section 768‑915.
 (2) For the purposes of paragraph (1)(b):
 (a) if you have statutory income because a particular circumstance occurs, you derive the statutory income at the time when the circumstance occurs; and
 (b) if you have statutory income because a number of circumstances occur, you derive the statutory income at the time when the last of those circumstances occurs.

Exception to subsection (1)
 (3) However, the following are not *non‑assessable non‑exempt income under subsection (1):
 (a) the *ordinary income you *derive directly or indirectly from a source other than an *Australian source to the extent that it is remuneration, for employment undertaken, or services provided, while you are a *temporary resident;
 (b) your *statutory income (other than a *net capital gain) from a source other than an Australian source to the extent that it relates to employment undertaken, or services provided, while you are a temporary resident;
 (c) an amount included in your assessable income under Division 86.
Note: This subsection only makes an amount not non‑assessable non‑exempt income under subsection (1). It does not prevent that amount from being non‑assessable non‑exempt income under some other provision of this Act or the Income Tax Assessment Act 1936.

768‑915  Certain capital gains and capital losses of temporary resident to be disregarded
 (1) A *capital gain or *capital loss you make from a *CGT event is disregarded if:
 (a) you are a *temporary resident when, or immediately before, the CGT event happens; and
 (b) you would not make a capital gain or loss from the CGT event, or the capital gain or loss from the CGT event would have been disregarded under Division 855, if you were a foreign resident when, or immediately before, the CGT event happens.
 (2) Subsection (1) does not apply in relation to *CGT event I1 if:
 (a) the CGT event happens in relation to an *ESS interest that is a beneficial interest in a right (or to a *share acquired by exercising such a right); and
 (b) the provisions referred to in paragraphs 83A‑33(1)(a) to (c) (about start ups) apply to the ESS interest.

768‑950  Individual becoming an Australian resident
  Section 855‑45 does not apply to your becoming an Australian resident if you are a *temporary resident immediately after you become an Australian resident.

768‑955  Temporary resident who ceases to be temporary resident but remains an Australian resident
 (1) If you are a *temporary resident and you then cease to be a temporary resident (but remain, at that time, an Australian resident), there are rules relevant to each *CGT asset that:
 (a) you owned just before you ceased to be a temporary resident; and
 (b) is not *taxable Australian property; and
 (c) you