Document ID: chunk:federal_register_of_legislation:C2004C01086:clause:3_55:p2
Version: federal_register_of_legislation:C2004C01086
Segment Type: clause
Provision Reference: sch 3 cl 55 (pt 2/3)
Character Range: 128996–131737

to units in a unit trust that was a *resident trust for CGT purposes and a *listed widely held trust, and whose units were listed for quotation in the official list of the Australian Stock Exchange Limited, throughout the period when you owned the first‑mentioned units.

Note: Similarly, you are not disqualified if CGT event E4 results in a reduction in the cost base of your units, rather than in a capital gain.

Net capital loss for an earlier income year

 (4) If during the *inquiry period you made one or more *capital gains each of which is covered by paragraph 360‑100(3)(b) or (c), the Commissioner must be satisfied that you have no unapplied *net capital loss for an earlier income year.

Note: You are not otherwise disqualified by having an unapplied net capital loss for a previous income year.

360‑105  Additional categories of assessable income

  This section covers the following, to the extent that they are assessable income:
 (a) a payment from which an amount must be withheld (even if the amount is not withheld) under a provision listed in the table;

Payments covered
Item                         Provision       Subject matter
    1                        Section 12‑80   Payment of pension or annuity
    2                        Section 12‑120  Compensation, sickness or accident payment

 (b) a payment of a pension specified in subsection 55‑5(1) (about occupational superannuation schemes) of the Income Tax Assessment Act 1997;
 (c) an amount in respect of a distribution made by a unit trust that is a *resident trust for CGT purposes and a *listed widely held trust, and whose units are listed for quotation in the official list of the Australian Stock Exchange Limited, at the earliest of the following times:
 (ii) when the distribution becomes due and payable;
 (iii) when the distribution is made;
 (d) a *net capital gain resulting solely from one or more *capital gains covered by subsection 360‑100(3).

360‑110  Additional categories of deductions

  This section covers a deduction that you have and that relates to a payment to you from which an amount must be withheld (even if the amount is not withheld) under a provision listed in the table.

Payments covered
Item                         Provision      Subject matter
    1                        Section 12‑35  Payment to employee
    2                        Section 12‑40  Payment to company director
    3                        Section 12‑45  Payment to office holder

360‑115  Additional categories of tax offsets

  This section covers a *tax offset to which you are entitled because of a provision of the Income Tax Assessment Act 1936 listed in the table.

Tax offsets
Item         Provision                   Subject matter