Document ID: chunk:federal_register_of_legislation:C2025C00029:section:7:p25
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 7 (pt 25/40)
Character Range: 1884549–1887193

event J2 does not happen because of paragraph (2)(a) for a *share in a company or an interest in a trust if the share or interest ceased to be an *active asset only because of changes in the *market values of assets that were owned by the company or trust when you *acquired the share or interest or incurred the *fourth element expenditure.
 (9) You incur fourth element expenditure in relation to a *CGT asset if you incur capital expenditure that is included, under subsection 110‑25(5), in the fourth element of the *cost base of the asset.

104‑190  Replacement asset period
 (1A) If you choose a small business roll‑over under Subdivision 152‑E for a *CGT event that happens in relation to a *CGT asset in an income year, the replacement asset period is the period:
 (a) starting one year before the last CGT event in the income year for which you obtain the roll‑over; and
 (b) ending at the later of:
 (i) 2 years after that last CGT event; and
 (ii) if the first‑mentioned CGT event happened because you *disposed of the CGT asset—6 months after the latest time a possible *financial benefit becomes or could become due under a *look‑through earnout right relating to the CGT asset and the disposal.
 (1) The replacement asset period is modified if your *capital proceeds for the *CGT event are increased under subsection 116‑45(2) or 116‑60(3) after the end of that period. Instead, you have until 12 months after you receive those additional proceeds to *acquire a replacement asset, or incur *fourth element expenditure in relation to a *CGT asset, or do both.
Note: Section 116‑45 applies if you do not receive your capital proceeds despite having taken all reasonable steps to get them, and section 116‑60 applies if your capital proceeds are misappropriated by your employee or agent.
 (2) The Commissioner may extend the replacement asset period, or that period as modified by subsection (1).

104‑195  Trust failing to cease to exist after roll‑over under Subdivision 124‑N: CGT event J4
 (1) CGT event J4 happens if:
 (a) there is a roll‑over under Subdivision 124‑N for a trust *disposing of a *CGT asset to a company under a trust restructure; and
 (b) the trust fails to cease to exist:
 (i) within 6 months after the start of the *trust restructuring period; or
 (ii) if that is not possible because of circumstances outside the control of the trustee—as soon as practicable after the end of that 6 month period; and
 (c) the company owns the asset when the failure happens.
Example: Circumstances would be outside the control of the trustee if the trustee is involved in litigation concerning the trust and cannot wind up