CTHRepealedLegislation
Income Tax Regulations 1936
152DCapital gains regarded as subject to tax
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#### 152D Capital gains regarded as subject to tax
(1) In this regulation:
> capital gains means gains or profits or other amounts of a capital nature.
> roll‑over relief, in relation to a particular tax accounting period in relation to a listed country, means the deferral of tax liability in the tax accounting period under a tax law of the listed country because of a circumstance specified in regulation 152E.
(2) For section 324 of the Act, if:
(a) capital gains that are derived by an entity are not subject to tax in a listed country in a particular tax accounting period; and
(b) apart from the availability of roll‑over relief, the capital gains would have been subject to tax in the listed country in the tax accounting period;
the capital gains are to be treated as if they were subject to tax in the listed country in the tax accounting period.