Document ID: chunk:federal_register_of_legislation:C2007A00055:clause:1_3:p2
Version: federal_register_of_legislation:C2007A00055
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/2)
Character Range: 32985–33789

(c) the individual would have been entitled to reduce or disregard a *capital gain under this Division if a *CGT event had happened in relation to the CGT asset immediately before his or her death; and
 (d) a CGT event happens in relation to the CGT asset within 2 years of the individual's death.

 (2) The *legal personal representative or the beneficiary is entitled to reduce or disregard a *capital gain under this Division in the same way as the individual would have been entitled to as if:
 (a) paragraph 152‑105(d) only required the individual to have been 55 or over, or permanently incapacitated, at the time of the *CGT event referred to in paragraph (1)(c) of this section; and
 (b) paragraph 152‑305(1)(b) did not apply.

 (3) The Commissioner may extend the time limit in paragraph (1)(d).