‑1 What this Division is about
This Division is designed to prevent tax being avoided through: (a) the disposal of leased plant, or an interest in leased plant; or (b) the disposal of a partnership interest in a partnership that leased plant; or (c) the disposal of shares in a 100% subsidiary that leased plant; where amounts have been deducted for the decline in value of the plant. It includes amounts in assessable income. Any benefit received, and any reduction in a liability, is taken into account in calculating the amounts included. Where the disposal of shares in a 100% subsidiary is involved, the companies in the former wholly‑owned group may be made jointly and severally liable for tax that the former subsidiary does not pay. Table of sections Operative provisions 45‑5 Disposal of leased plant or lease 45‑10 Disposal of interest in partnership 45‑15 Disposal of shares in 100% subsidiary that leases plant 45‑20 Disposal of shares in 100% subsidiary that leases plant in partnership 45‑25 Group members liable to pay outstanding tax 45‑30 Reduction for certain plant acquired before 21.9.99 45‑35 Limit on amount included for plant for which there is a CGT exemption 45‑40 Meaning of plant and written down value
Sourced from the Federal Register of Legislation at 25 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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