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Advice under development – capital gains tax issues

We are developing advice and guidance on the following capital gains tax issues.

Last updated 23 July 2025

[3953] Back-to-back CGT rollovers

Title

Draft Practical Compliance Guideline

Back-to-back CGT roll-overs – ATO compliance approach

Purpose

This draft Guideline will explain when we are more likely to apply compliance resources to consider potential tax risks, including 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

Late 2025

Comments

Estimated completion in late 2025 is subject to the High Court’s finalisation of the appeal of the Full Federal Court’s decision in AusNet Services Limited v Commissioner of Taxation [2025] FCAFC 21.

Contact

Tara McLachlan, Private Wealth

Phone: (07) 3149 5339

Tara.McLachlan@ato.gov.au

[4188] Deceased estates: 'double death'

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 guidance 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

Late 2025

Contact

Danijela Jablanovic, Individuals and Intermediaries

Phone: (07) 3213 5864

Danijela.jablanovic@ato.gov.au

[4189] Deceased estates: right to occupy

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 guidance 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

Mid 2026

Contact

Penny Hextall, Individuals and Intermediaries

Phone: (03) 8601 9423

Penny.Hextall@ato.gov.au

 

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