Document ID: chunk:federal_register_of_legislation:C2004A00998:clause:2_52jb
Version: federal_register_of_legislation:C2004A00998
Segment Type: clause
Provision Reference: sch 2 cl 52JB
Character Range: 42692–44321

52JB  Dispositions of assets in 5 year period—individuals

Disposition to which section applies

 (1) This section also applies to a disposition (the relevant disposition) on or after 1 July 2002 of an asset by a person who is not a member of a couple at the time of the relevant disposition.

Increase in value of assets

 (2) If:
 (a) the sum of the amount of the relevant disposition and the amounts of any previous dispositions of assets made during the rolling period by the person;
less
 (b) the sum of any amounts included in the value of the person's assets during the rolling period under section 52JA, 52JC or 52JD or any previous application or applications of this section;
exceeds $30,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the person's assets for the period of 5 years starting on the day on which the relevant disposition took place:
 (c) an amount equal to the excess;
 (d) the amount of the relevant disposition.

Previous joint dispositions

 (3) If, during the rolling period but before the time of the relevant disposition, the person was a member of a couple who jointly disposed of an asset, the reference in paragraph (2)(a) to the amounts of any previous dispositions during the rolling period of assets by the person includes a reference to one‑half of the amount of the joint disposition.

Rolling period

 (4) For the purposes of this section, the rolling period is the period comprising the tax year in which the relevant disposition took place and such (if any) of the 4 previous tax years as occurred after 30 June 2002.