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Non-resident beneficiary

Last updated 5 October 2009

If a non-resident is a beneficiary of a deceased's post-CGT asset, any capital gain or capital loss is not disregarded if:

  • the deceased was an Australian resident when they died
  • the asset does not have the necessary connection with Australia.

Examples of assets that have the necessary connection with Australia include:

  • real estate located in Australia
  • shares in an Australian resident private company.