Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_1:p16
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 16/29)
Character Range: 47201–49820

you can disregard any *capital gain under section 152‑105 (or would be able to do so, assuming that a capital gain arose from the event); and
 (b) the contribution is made no later than either of the following:
 (i) the day you are required to lodge your tax return for the income year in which the CGT event happened;
 (ii) 30 days after the day you receive the capital proceeds.

 (3) For the purposes of paragraph (2)(a), ignore the requirement in paragraph 152‑105(b) if you are permanently incapacitated at the time of the *CGT event but were not permanently incapacitated at the time the relevant *CGT asset was acquired.

 (4) The requirement in this subsection is met if:
 (a) just before a *CGT event, you were a *CGT concession stakeholder of an entity that could, under section 152‑110, disregard any *capital gain arising from the CGT event (or would be able to do so, assuming that a capital gain arose from the event); and
 (b) the entity makes a payment to you within 2 years after the CGT event; and
 (c) the contribution is equal to all or part of your stakeholder's control percentage (within the meaning of subsection 152‑125(3)) of the *capital proceeds from the CGT event (but not exceeding the amount of the payment mentioned in paragraph (b)); and
 (d) the contribution is made within 30 days after the payment mentioned in paragraph (b).

 (5) In determining whether the conditions in subsection (2) or (4) are satisfied for a *CGT event in relation to a *pre‑CGT asset, treat the asset as a *post‑CGT asset.

 (6) For the purposes of paragraph (4)(a), ignore the requirement in paragraph 152‑110(1)(b) if a *controlling individual was permanently incapacitated at the time of the *CGT event but was not permanently incapacitated when the relevant *CGT asset was acquired.

 (7) The requirement in this subsection is met if:
 (a) the contribution is equal to all or part of the *capital gain from a *CGT event that you disregarded under subsection 152‑305(1); and
 (b) the contribution is made no later than either of the following:
 (i) the day you are required to lodge your tax return for the income year in which the CGT event happened;
 (ii) 30 days after the day you receive the *capital proceeds from the CGT event.

 (8) The requirement in this subsection is met if:
 (a) just before a *CGT event, you were a *CGT concession stakeholder of an entity that could, under subsection 152‑305(2), disregard all or part of a *capital gain arising from the CGT event; and
 (b) the entity makes a payment to you that satisfies the conditions in section 152‑325; and
 (c) the contribution is equal