Subdivision 138-F—Other adjustments

Table of sections

138-425 Reduction of cost base of indirect interests in originating company

138-430 Compensatory increases in interests in recipient company

138-435 When adjustment under this Subdivision not required

138-425 Reduction of cost base of indirect interests in originating company

(1) You reduce the *cost base and *reduced cost base of a *CGT asset you own if:

(a) because of owning the asset, you have an indirect interest (through one or more interposed companies or trusts) in a *share in or a loan to the originating company; and

(b) you owned the asset at the time of the trigger event; and

(c) a *CGT event happens in relation to the asset.

(2) The amount of the reduction is such amount as is reasonable having regard to the reduction in the value of the *CGT asset as a result of the trigger event happening.

138-430 Compensatory increases in interests in recipient company

(1) You increase the *cost base and *reduced cost base of a *CGT asset under this section if:

(a) the asset is a *share in the recipient company or an asset that gives you an indirect interest in a share in that company (through one or more interposed companies or trusts); and

(b) the *cost base or *reduced cost base of a share in or a loan to the originating company has been reduced under Subdivision 138-B, 138-C or 138-D as a result of the trigger event happening; and

(c) a *CGT event happens in relation to the asset.

(2) The amount of the increase is such amount as is reasonable having regard to:

(a) the increase in the value of the *CGT asset as a result of the happening of the trigger event; and

(b) the amount of any relevant reductions made under Subdivision 138-B, 138-C or 138-D; and

(c) for the *cost base—inflation measured by reference to the All Groups Consumer Price Index Number.

(3) However, the total increases made under this section in relation to the trigger event cannot exceed the total reductions made under Subdivisions 138-B, 138-C and 138-D in relation to it.

138-435 When adjustment under this Subdivision not required

You do not make an adjustment under this Subdivision if:

(a) Subdivision 138-B, 138-C or 138-D does not apply to the trigger event; or

(b) you *acquired the *CGT asset before 20 September 1985.

 

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