Income Tax Assessment Act 1997
CHAPTER 3
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SPECIALIST LIABILITY RULES
PART 3-1
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CAPITAL GAINS AND LOSSES: GENERAL TOPICS
A *capital gain or *capital loss an entity makes from a *CGT event happening in relation to a unit in a unit trust is disregarded if:
(a) the trust is a *pooled superannuation trust for the income year in which the event happened; and
(b) one of the conditions in subsection (2) is satisfied. 118-350(2)
The entity must be:
(a) the trustee of a *complying superannuation entity for the income year in which the *CGT event happened; or
(b) a *life insurance company and, just before the event happened, the unit must have been a *complying superannuation asset or a *segregated exempt asset of the company.
Division 118
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Exemptions
Subdivision 118-E
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Units in pooled superannuation trusts
SECTION 118-350
Units in pooled superannuation trusts
118-350(1)
A *capital gain or *capital loss an entity makes from a *CGT event happening in relation to a unit in a unit trust is disregarded if:
(a) the trust is a *pooled superannuation trust for the income year in which the event happened; and
(b) one of the conditions in subsection (2) is satisfied. 118-350(2)
The entity must be:
(a) the trustee of a *complying superannuation entity for the income year in which the *CGT event happened; or
(b) a *life insurance company and, just before the event happened, the unit must have been a *complying superannuation asset or a *segregated exempt asset of the company.
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