Document ID: chunk:federal_register_of_legislation:C2024C00267:section:8:p13
Version: federal_register_of_legislation:C2024C00267
Segment Type: section
Provision Reference: s 8 (pt 13/48)
Character Range: 261221–263890

Act 1936

Table of sections
83A‑10 Savings—continued operation of former provisions
83A‑15 Indeterminate rights

83A‑10  Savings—continued operation of former provisions
 (1) This section applies if:
 (a) at the time (the pre‑Division 83A time) occurring just before Schedule 1 to the Tax Laws Amendment (2009 Budget Measures No. 2) Act 2009 commenced:
 (i) Division 13A of Part III of the Income Tax Assessment Act 1936, as in force at that time, (former Division 13A) applied in relation to a share or right (within the meaning of former Division 13A); or
 (ii) section 26AAC of that Act, as in force at that time, applied in relation to a share or right (within the meaning of that section as in force at that time); and
 (b) if there is a beneficial interest in the share or right that is an ESS interest—Division 83A of the Income Tax Assessment Act 1997 does not apply in relation to the interest under section 83A‑5.
 (2) If subparagraph (1)(a)(i) applies, to avoid doubt, former Division 13A continues to apply (in spite of its repeal) to the share or right.
 (3) If subparagraph (1)(a)(ii) applies, to avoid doubt, sections 26AAC and 26AAD of the Income Tax Assessment Act 1936, as in force at the pre‑Division 83A time, continue to apply (in spite of their repeal) to the share or right.

83A‑15  Indeterminate rights
 (1) This section applies if:
 (a) you acquired a beneficial interest in a right before 1 July 2009; and
 (b) on or after 1 July 2009, the right becomes a right to acquire a beneficial interest in a share.
 (2) Division 13A of the Income Tax Assessment Act 1936 is taken to have applied as if the right had always been a right to acquire the beneficial interest in the share.

Amendment of assessments
 (3) Section 170 of the Income Tax Assessment Act 1936 does not prevent the amendment of an assessment at any time for the purpose of giving effect to subsection (2) of this section.

Chapter 3—Specialist liability rules

Part 3‑1—Capital gains and losses: general topics

Division 102—Application of Parts 3‑1 and 3‑3 of the Income Tax Assessment Act 1997

Table of sections
102‑1 Application of Parts 3‑1 and 3‑3 of the Income Tax Assessment Act 1997
102‑5 Working out capital gains and capital losses
102‑15 Applying net capital losses
102‑20 Net capital gains, capital gains and capital losses for income years before 1998‑99
102‑25 Transitional capital gains tax provisions for certain Cocos (Keeling) Islands and Norfolk Island assets

102‑1  Application of Parts 3‑1 and 3‑3 of the Income Tax Assessment Act 1997
  Parts 3‑1 and 3‑3 of the Income Tax Assessment Act 1997 (about capital gains and capital losses) apply to assessments