Income tax: capital gains: is there roll-over under section 126-5 or 126-15 of the Income Tax Assessment Act 1997 if a CGT event happens because of a maintenance agreement registered under section 86 of the Family Law Act 1975?

No. Maintenance agreements registered under section 86 of the Family Law Act 1975 (FLA 1975) do not come within the expression 'a court order' in paragraphs 126-5(1)(a) and 126-15(1)(a) of the Income Tax Assessment Act 1997 (ITAA 1997). Nor do they come within the words 'a maintenance agreement approved by a court under section 87' of the FLA 1975 in paragraphs 126-5(1)(b) and 126-15(1)(b) of the ITAA 1997.

We invite you to comment on this Draft Taxation Determination. We are allowing 4 weeks for comments before we finalise the Determination. If you want your comments considered, please provide them to us within this period. Comments by Date: 15 September 1999 Contact officer details have been removed following publication of the final ruling.