Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p7
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 7/18)
Character Range: 2703000–2705614

transfer was:
 (i) made because of the award, order or agreement; and
 (ii) for the benefit of that spouse, or former spouse; and
 (h) if the transfer is in accordance with an agreement mentioned in paragraph (2B)(d), (da) or (e), the conditions in subsection (2C) are satisfied.
Note: CGT event E2 may apply to the transfer.
 (2B) The awards, orders and agreements are:
 (a) an award made in an arbitration referred to in section 13H of the Family Law Act 1975 or a corresponding award made in an arbitration under a corresponding *State law, *Territory law or *foreign law; or
 (b) a court order made under section 79, subsection 90AE(2) or 90AF(2) or section 90SM or 90YX of the Family Law Act 1975; or
 (c) a court order made under a State law, Territory law or foreign law relating to breakdowns of relationships between *spouses that corresponds to an order made under subsection 90AE(2) or 90AF(2) or section 90SM of the Family Law Act 1975; or
 (d) a financial agreement made under Part VIIIA of the Family Law Act 1975 that is binding because of section 90G of that Act or a corresponding written agreement that is binding because of a corresponding foreign law; or
 (da) a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975) that is binding because of section 90UJ of that Act; or
 (e) a written agreement:
 (i) that is binding under a State law, Territory law or foreign law relating to breakdowns of relationships between spouses; and
 (ii) that, because of such a law, prevents a court making an order about matters to which the agreement applies, or that is inconsistent with the terms of the agreement in relation to those matters, unless the agreement is varied or set aside.
 (2C) The conditions are that:
 (a) at the time of the transfer:
 (i) the *spouses, or former spouses, involved are separated; and
 (ii) there is no reasonable likelihood of cohabitation being resumed; and
 (b) the transfer happened because of reasons directly connected with the breakdown of the relationship between the spouses or former spouses.
 (2D) For the purposes of subsection (2C), the question whether *spouses, or former spouses, have separated is to be determined in the same way as it is for the purposes of section 48 of the Family Law Act 1975 (as affected by sections 49 and 50 of that Act).

Roll‑over consequences
 (3) A *capital gain or *capital loss the transferor makes from the transfer of the asset is disregarded.
 (4) If the transferor *acquired the asset on or after 20 September 1985:
 (a) the first element of the asset's *cost base (in the hands of the transferee)