Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p4
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 4/29)
Character Range: 2854066–2856775

Subdivision 152‑A are satisfied;
         • the entity continuously owned the asset for the 15‑year period leading up to the CGT event;
         • if the entity is an individual, the individual retires or is permanently incapacitated;
         • if the entity is a company or trust, the entity had a significant individual for a total of at least 15 years during which the entity owned the asset and the individual who was the significant individual just before the CGT event retires or is permanently incapacitated.
      The Subdivision also allows time periods to continue to run if there has been a roll‑over because of marriage or relationship breakdown or compulsory acquisition.

Table of sections
152‑105 15‑year exemption for individuals
152‑110 15‑year exemption for companies and trusts
152‑115 Continuing time periods for involuntary disposals
152‑125 Payments to company's or trust's CGT concession stakeholders are exempt

152‑105  15‑year exemption for individuals
  If you are an individual, you can disregard any *capital gain arising from a *CGT event if all of the following conditions are satisfied:
 (a) the basic conditions in Subdivision 152‑A are satisfied for the gain;
 (b) you continuously owned the *CGT asset for the 15‑year period ending just before the CGT event;
Note: Section 152‑115 allows for continuation of the period if there is an involuntary disposal of the asset.
 (c) if the CGT asset is a *share in a company or an interest in a trust—the company or trust had a *significant individual for a total of at least 15 years (even if the 15 years was not continuous and it was not always the same significant individual) during which you owned the CGT asset;
 (d) either:
 (i) you are 55 or over at the time of the CGT event and the event happens in connection with your retirement; or
 (ii) you are permanently incapacitated at the time of the CGT event.

152‑110  15‑year exemption for companies and trusts
 (1) An entity that is a company or trust can disregard any *capital gain arising from a *CGT event if all of the following conditions are satisfied:
 (a) the basic conditions in Subdivision 152‑A are satisfied for the gain;
 (b) the entity continuously owned the *CGT asset for the 15‑year period ending just before the CGT event;
Note: Section 152‑115 allows for continuation of the period if there is an involuntary disposal of the asset.
 (c) the entity had a *significant individual for a total of at least 15 years (even if the 15 years was not continuous and it was not always the same significant individual) during which the entity owned the CGT asset;
 (d) an individual who was a significant individual of the company or trust just before the CGT event