Document ID: chunk:federal_register_of_legislation:C2025C00014:section:262a:p4
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 262A (pt 4/7)
Character Range: 1804836–1807490

in relation to the matters in subsection (4AAA), see subsection 13.3(3) of the Criminal Code.
 (4A) A person who makes an election under subsection 371(8) must retain the election until the end of 5 years after the election was made.
 (4AA) A person who is a party to a joint election for roll‑over relief made under former section 59AA, 122R, 123F, 124AO or 124W must retain the election, or a copy, until the end of 5 years after the earlier of:
 (a) the disposal by the person of the property; or
 (b) the loss or destruction of the property.
 (4ACA) Subsection (4AC) does not apply in relation to a disposal of property:
 (a) to which former subsection 58(1), 122JAA(1), 122JG(1), 123BBA(1), 123BF(1), 124AMAA(1), 124GA(1) or 124JD(1) applies; and
 (b) that occurs in the 1997‑98 year of income or a later year of income.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4ACA), see subsection 13.3(3) of the Criminal Code.
 (4AC) If former subsection 58(1), subsection 73AA(1), or former subsection 122JAA(1), 122JG(1), 123BBA(1), 123BF(1), 124AMAA(1), 124GA(1), 124JD(1) or 124PA(1) applies to the disposal of property by the transferor referred to in that subsection to the transferee referred to in that subsection:
 (a) the transferor must give to the transferee, within the period specified in subsection (4AD), a notice containing such information about the transferor's holding of the property as will enable the transferee to work out how former section 58, section 73AA, or former section 122JAA, 122JG, 123BBA, 123BF, 124AMAA, 124GA, 124JD or 124PA, as the case may be, will apply to the transferee's holding of the property; and
 (b) the transferee must retain the notice, or a copy, until the end of 5 years after the earlier of:
 (i) the disposal by the person of the property; or
 (ii) the loss or destruction of the property.
 (4AD) The notice referred to in subsection (4AC) must be given within 6 months after the later of the following:
 (a) the end of the year of income of the transferee in which the disposal occurred;
 (b) the commencement of subsection (4AC);
or within such further period as the Commissioner allows.
 (4AE) A person who made an election under former paragraph 54A(1)(a) in relation to a unit of property must retain the election, or a copy, until the end of 5 years after the earlier of:
 (a) the disposal by the person of the property; or
 (b) the loss or destruction of the property.
 (4AF) If:
 (a) a person (the transferor) disposes of, or of a lease of, any part of a building within the meaning of former Division 10C of Part III to another person (the transferee);