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.