Draft Taxation Determination

TD 93/D3

Income tax: capital gains: does section 160X of the Income Tax Assessment Act 1936 apply to assets acquired by a legal personal representative which were not owned by the deceased at the date of death?

  • Please note that the PDF version is the authorised version of this draft ruling.
    This document has been finalised by TD 93/38.

FOI status:

draft only - for comment


Draft Taxation Determinations (TDs) present the preliminary, though considered, views of the ATO. Draft TDs may not be relied on; only final TDs are authoritative statements of the ATO.

1. No. The roll-over relief provided by section 160X of the Income Tax Assessment Act 1936 only applies to assets owned by a person at the time of the death of that person.

2. Section 160X applies where an asset which formed part of the estate of the deceased passes to a legal personal representative. In the context of the section, we consider that this refers only to assets owned by the deceased at the time of death.

Commissioner of Taxation
21 January 1993


BO 93/1427-5 (CGTDET36)

ISSN 1038 - 8982

Related Rulings/Determinations:

IT 2664
TD 93/D4
TD 93/D5
TD 93/D6

Subject References:
deceased estates
legal personal representative
CGT asset

Legislative References: