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Non-resident beneficiary

Last updated 3 March 2016

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, and
  • the asset does not have the necessary connection with Australia.

Examples of assets that do not have the necessary connection with Australia include:

  • real estate located overseas
  • shares in a non-resident company, and
  • shares in an Australian public company if the total number of shares owned is less than 10% of the value of shares in the company.