Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p12
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 12/12)
Character Range: 1955654–1957164

Subsections (2) and (3) do not apply if the capital improvement is made to:
 (a) a *Crown lease; or
 (b) a *prospecting entitlement or *mining entitlement; or
 (c) a *statutory licence; or
 (d) a *depreciating asset to which Subdivision 124‑K applies.
Note: Section 108‑75 deals with this situation.
 (6) This section does not apply to a capital improvement consisting of repairs to or restoration of a *CGT asset *acquired before 20 September 1985 in circumstances where there is a roll‑over under Subdivision 124‑B.

108‑75  Capital improvements to CGT assets for which a roll‑over may be available
 (1) This section is relevant only if a *CGT event happens in relation to a *CGT asset that is:
 (a) a *Crown lease; or
 (b) a *prospecting entitlement or *mining entitlement; or
 (c) a *statutory licence; or
 (d) a *depreciating asset to which Subdivision 124‑K applies.
  You must have *acquired it before 20 September 1985.
Note: Division 124 treats you as having acquired a CGT asset before that day in some situations.
 (2) There are possible consequences if there has been one or more capital improvements to:
 (a) the *CGT asset the subject of the *CGT event; or
 (b) any *CGT assets of the same kind that were in existence before the CGT asset and came to an end where a roll‑over was obtained under a provision set out in this table:

Roll‑over provisions
                                                           Roll‑over is obtained under this provision:
Item                  For this CGT asset: