[3953] Back-to-back CGT rollovers [updated]
Title
Draft Practical Compliance Guideline
Back-to-back CGT roll-overs and Part IVA of the Income Tax Assessment Act 1936
Purpose
This draft Guideline will explain when we are more likely to apply compliance resources to consider the application of Part IVA of the Income Tax Assessment Act 1936 (the general anti-avoidance provisions of the income tax law) to an arrangement that comprises multiple CGT rollovers.
Expected completion
Early 2026
Comments
Accompanying the draft Guideline will be a draft Taxation Determination (see 4259 below).
Contact
Tara McLachlan, Private Wealth
Phone: (07) 3149 5339
[4188] Deceased estates: 'double death' [updated]
Title
Draft Taxation Determination
CGT consequences under Division 128 of the Income Tax Assessment Act 1997 when a beneficiary of a deceased estate dies before a CGT asset of the deceased estate passes to them.
Purpose
This draft Determination will clarify the Commissioner’s view on the application of the CGT rollover concession in Division 128 of the Income Tax Assessment Act 1997 when a beneficiary of a deceased estate dies before a CGT asset of the deceased estate passes to them.
Expected completion
Early 2026
Comments
Targeted consultation is currently underway and is expected to be completed in early 2026 – see [202513] Deceased estates: 'double death'.
Contact
Danijela Jablanovic, Individuals and Intermediaries
Phone: (07) 3213 5864
Danijela.jablanovic@ato.gov.au
[4189] Deceased estates: right to occupy [updated]
Title
Draft Taxation Determination
What constitutes a right to occupy a dwelling 'under a deceased’s will' for the purpose of obtaining the CGT exemption in section 118-195 of the Income Tax Assessment Act 1997?
Purpose
This draft Determination will provide the Commissioner’s view on when an individual has a right to occupy a dwelling under a deceased’s will for the purposes of subsection 118-195(1) of the Income Tax Assessment Act 1997 to obtain a CGT main residence exemption.
Expected completion
January 2026
Contact
Penny Hextall, Individuals and Intermediaries
Phone: (03) 6221 0624
[4259] Satisfying the conditions in 122-A when part of a back-to-back rollover [new]
Title
Draft Taxation Determination
Income tax: application of CGT rollover qualifying conditions when a rollover is part of a single arrangement that includes more than one CGT rollover
Purpose
This draft Determination will consider how the CGT provisions apply in circumstances where there are back-to-back CGT rollovers claimed under both Subdivision 122-A and Subdivision 124-M of the Income Tax Assessment Act 1997.
This draft Taxation Determination is expected to publish with the draft Guideline.
Expected completion
Early 2026
Contact
Tara McLachlan, Private Wealth
Phone: (07) 3149 5339