Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p6
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 6/29)
Character Range: 2859072–2861829

original owner acquired the original asset.
Note: Former Subdivision 124‑O provided a roll‑over for certain CGT assets that came to an end as a result of an FSR transition.

Marriage or relationship breakdowns
 (2) If you made the choice mentioned in subsection 152‑45(2) for a *CGT asset, then paragraphs 152‑105(b) and (c) and 152‑110(1)(b) and (c) (the 15‑year and significant individual rules) apply as if you had acquired the asset when the transferor acquired it.
Note: There is a roll‑over under Subdivision 126‑A if CGT assets are transferred because of a marriage or relationship breakdown.

Restructures of small businesses
 (3) If section 328‑450 or 328‑455 applies in relation to the transfer of an asset to you, then paragraphs 152‑105(b) and (c) and 152‑110(1)(b) and (c) (the 15‑year and significant individual rules) apply as if:
 (a) you had acquired the asset when the entity transferring the asset acquired it; or
 (b) in a case where, for the purposes of applying those paragraphs, the time when that entity acquired the asset was provided for by this subsection—you had acquired the asset at that time.

152‑125  Payments to company's or trust's CGT concession stakeholders are exempt
 (1) This section applies if:
 (a) one or more of the following apply:
 (i) under section 152‑110, a *capital gain (the exempt amount) of a company or trust is disregarded;
 (ii) under section 152‑110, an amount of income (the exempt amount) is *non‑assessable non‑exempt income of a company or trust;
 (iii) subparagraph (i) of this paragraph would have applied to an amount (the exempt amount) except that the capital gain was disregarded anyway because the relevant *CGT asset was *acquired before 20 September 1985;
 (iv) subparagraph (i) of this paragraph would have applied to an amount (the exempt amount) if subsection 149‑30(1A) and section 149‑35 had not applied to the relevant asset; and
 (b) the company or trust makes one or more payments relating to the exempt amount to an individual (whether directly or indirectly through one or more interposed entities) before the later of:
 (i) 2 years after the relevant *CGT event; and
 (ii) if the relevant CGT event happened because the company or trust *disposed of the relevant CGT asset—6 months after the latest time a possible *financial benefit becomes or could become due under a *look‑through earnout right relating to that CGT asset and the disposal; and
 (c) the individual was a *CGT concession stakeholder of the company or trust just before the relevant CGT event.
Note: A normal business payment, for example, a payment of wages, would not be made "in relation to the exempt amount".
 (2) In determining the taxable income of the company, the trust, the individual, or any of the