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# Consequences of applying the reduction

Last updated 9 September 2007

If you satisfy the basic conditions, the capital gain that remains after applying:

• any current year capital losses and any unapplied prior year net capital losses, and
• the CGT discount (if applicable)

is reduced by 50%.

This means that if you are an individual or a trust and you have applied the CGT discount and the small business 50% active asset reduction, the capital gain (after being reduced by any capital losses applied against it) is effectively reduced by 75% (that is, 50% then 50% of the remainder).

Start of example

Example

Lana operates a small manufacturing business and disposes of a CGT asset that she has owned for three years and has used as an active asset of the business. She makes a capital gain of \$17,000 from the CGT event, and qualifies for the CGT discount and for the small business 50% reduction. Lana also has a capital loss in the income year of \$3,000 from the sale of another asset. She calculates her net capital gain for the year as follows:

 \$17,000 − \$3,000 \$14,000 \$14,000 − (50% × \$14,000) \$7,000 \$7,000 − (50% × \$7,000) \$3,500

Her net capital gain for the year is \$3,500 (assuming the small business retirement exemption and the small business rollover do not apply). If Lana chooses the rollover or the retirement exemption some or all of the remaining capital gain would be disregarded.

End of example

## Rules for beneficiaries of trusts

The rules for beneficiaries of trusts are contained in Subdivision 115-C of the ITAA 1997.

If a trust makes a capital gain, its net capital gain for the income year is generally calculated in the same way as for other entities, by reducing any capital gains firstly by any capital losses and then by any relevant concessions. The net capital gain is included in the net income of the trust. Presently entitled beneficiaries of the trust are assessed on their share of the net income of the trust, which includes a share of the trust's net capital gain.

There are special rules that enable concessions obtained by a trust to be passed on to the beneficiaries of the trust who are presently entitled to a share of the trust's income.

A beneficiary must gross up their share of any capital gain received from a trust by:

• multiplying that amount by 2, if the trust has applied either the CGT discount or the small business 50% active asset, or
• multiplying that amount by 4, if the trust has applied both the CGT discount and the small business 50% active asset reduction.

The beneficiary's share of the trust capital gains (grossed up if required) is then taken into account in the method statement for calculating the beneficiary's net capital gain to be included in their assessable income:

• the trust capital gains are firstly reduced by any capital losses of the beneficiary, and
• any trust capital gain remaining is then reduced by the CGT discount (if the beneficiary is a type of entity eligible for the CGT discount - see below) and/or the small business 50% active asset reduction if the trust's capital gain was reduced by those concessions to arrive at the beneficiary's net capital gain.

A corporate beneficiary of a trust must gross up as above their share of any net capital gains received from a trust that have been reduced (by the trust) by the CGT discount but is not entitled to reduce this grossed-up amount by the CGT discount because companies are ineligible for the CGT discount.

The grossed-up capital gain is in addition to the beneficiary's share of the trust's net capital gain that is included in their share of the net income of the trust. Accordingly, the beneficiary is entitled to a deduction for that part of their share of the net income of the trust that is attributable to the trust's net capital gain.

Start of example

Example

A unit trust makes a capital gain of \$100,000 when it disposes of an active asset. The trust has no capital losses. If all the conditions for the CGT discount and the small business 50% active asset reduction are satisfied the trust's net capital gain is \$25,000 (no other concessions apply).

Assume there is one individual beneficiary presently entitled to the net income of the trust. The beneficiary also has a separate capital loss of \$10,000.

The beneficiary works out their net capital gain as follows:

Share of net capital gain: \$25,000

Gross up this amount by multiplying by 4:

\$25,000 × 4 = \$100,000

Deduct capital losses: \$10,000

\$100,000 − \$10,000 = \$90,000

Apply 50% CGT discount:

\$90,000 × 50% = \$45,000

Apply 50% reduction:

\$45,000 × 50% = \$22,500

Net capital gain: \$22,500

End of example

### Distributions to beneficiary of a fixed trust of amount to which small business 50% active asset reduction applied

If a beneficiary's interest in a trust is fixed (for example, an interest in a unit trust), there are rules to deal with the situation where the trust distributes to the beneficiary an amount of capital gain that was excluded from the trust's net income because it claimed the small business 50% active asset reduction.

The payment of the amount will firstly reduce the cost base of the beneficiary's interest in the trust. If the cost base is reduced to nil, a capital gain may arise in respect of the beneficiary's interest in the trust. This capital gain may qualify for the CGT discount (after applying any capital losses) if the interest in the trust has been owned by the beneficiary for at least 12 months.

If a beneficiary's interest in a trust is not fixed (for example, the trust is a discretionary trust), there are no CGT consequences for the beneficiary.

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