Document ID: chunk:federal_register_of_legislation:C2010C00260:clause:1_1:p8
Version: federal_register_of_legislation:C2010C00260
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 8/11)
Character Range: 19143–21680

time is the number of days in the period that:
 (a) starts on the day on which you *acquired the original right or, if you acquired the *share from an *employee share trust, on the day on which you first acquired a beneficial interest in the original right; and
 (b) ends on the *cessation time for the original right.

days before CGT event is the number of days in the period that:
 (a) starts on the day on which you *acquired the original right or, if you acquired the *share from an *employee share trust, on the day on which you first acquired a beneficial interest in the original right; and
 (b) ends on the day on which the *CGT event happens.

 (2) If:
 (a) the *CGT event happens on or after the *cessation time for the original right; and
 (b) when, or immediately before, the CGT event happens you are an Australian resident (but not a *temporary resident);
the factor to be applied for the purposes of paragraph 768‑930(2)(a) is:
where:

days before cessation time is the number of days in the period that:
 (a) starts on the day on which you *acquired the original right or, if you acquired the *share from an *employee share trust, on the day on which you first acquired a beneficial interest in the original right; and
 (b) ends on the *cessation time for the original right.

days before ceasing to be a temporary resident is the number of days in the period that:
 (a) starts on the day on which you *acquired the original right or, if you acquired the *share from an *employee share trust, on the day on which you first acquired a beneficial interest in the original right; and
 (b) ends on the day on which you cease to be a *temporary resident.

 (3) The factor to be applied for the purposes of paragraph 768‑930(2)(a) is 1 if:
 (a) the *CGT event happens before the *cessation time for the original right; or
 (b) you became an Australian resident who was not a *temporary resident before the cessation time for the original right.

 (4) The factor to be applied for the purposes of paragraph 768‑930(2)(b) is:
where:

assessable part of discount is the amount of the discount that:
 (a) was included in your assessable income under Division 13A of Part III of the Income Tax Assessment Act 1936 in relation to the original right; or
 (b) would have been included in your assessable income under that Division in relation to the original right if subsection 139BA(2) of that Act were disregarded.

discount is the amount of the discount.

768‑945  Amending assessment to take account of effect on capital gain or