Document ID: chunk:federal_register_of_legislation:C2025C00029:section:10:p1
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 10 (pt 1/8)
Character Range: 2121753–2124919

10                                                           A *CGT asset that the acquirer *acquired as a received asset for a roll‑over under Subdivision 310‑D                                                                                                                        (a) when the transferring entity for the roll‑over acquired the corresponding original asset for the roll‑over; or
                                                                                                                                                                                                                                                                                         (b) if that original asset (or any asset corresponding to it) has been involved in an unbroken series of roll‑overs—when the entity that owned the applicable asset before the first roll‑over in the series acquired it

Note: Under section 128‑50, the acquirer is taken to acquire the interest of a deceased individual in a CGT asset the acquirer and the deceased held as joint tenants immediately before the deceased's death (or an equal share of that interest if there are other surviving joint tenants).
 (1A) For the purposes of sections 115‑105, 115‑110 and 115‑115, item 2 of the table in subsection (1) applies in relation to all *replacement‑asset roll‑overs, including those covered by paragraph 115‑34(1)(c).

CGT event E8
 (2) For the purposes of applying sections 115‑25 and 115‑40 in relation to *CGT event E8 and the *CGT asset consisting of a beneficiary's interest in trust capital, it does not matter how long the trustee owned any of the assets of the trust.
Note: Section 115‑45 limits the effect of this subsection in some cases.

Relationship with Subdivision 109‑A and Division 128
 (3) This section has effect despite Subdivision 109‑A and Division 128 (which contain rules about the time when you *acquire a *CGT asset).

115‑32  Special rule about time of acquisition for certain replacement‑asset roll‑overs
 (1) This section applies if:
 (a) a *CGT event happens to:
 (i) your *share in a company; or
 (ii) your *trust voting interest, unit or other fixed interest in a trust; and
 (b) you *acquired the share or interest as a replacement asset for a *replacement‑asset roll‑over (other than a roll‑over covered by paragraph 115‑34(1)(c)); and
 (c) at the time of the CGT event, the company or trust:
 (i) owns a *membership interest in an entity (the original entity); and
 (ii) has owned that membership interest for less than 12 months; and
 (d) that membership interest is the original asset for the roll‑over.
Note: This section does not affect the time when you are treated as having acquired the replacement asset. That time is worked out under item 2 of the table in subsection 115‑30(1).

Application of tests about the assets of the company or trust
 (2) Subsection 115‑45(4) applies as if the company or trust had *acquired the original asset at least 12 months before the *CGT event, if the condition in that subsection would not be met were it to be applied to the original entity and the CGT event.
 (3) Subsection 115‑45(6) applies as if the company