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Does a CGT event under Division 104 of the Income Tax Assessment Act 1997 (ITAA 1997) happen when an incorporated association under the ACT Associations Incorporations Act 1991 (ACT) changes registration to a company under the Corporations Act 2001 (Corporations Law)?

No. There is no CGT event under Division 104 of the ITAA 1997 that happens on the change in registration from an ACT incorporated association to a company under the Corporations Law.

An ACT incorporated association is to convert to a company under the Corporations Law.

Paragraph 601BM(1)(a) of Part 5B.1 of the Corporations Law 2001 provides that registration under this Part does not create a new legal entity. As such, there is no CGT event under Division 104 of the ITAA 1997 that happens to an association incorporated under the ACT on the change in registration to a company under the Corporations Law.