Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-1 - CAPITAL GAINS AND LOSSES: GENERAL TOPICS  

Division 104 - CGT events  

Subdivision 104-E - Trusts  

SECTION 104-55   Creating a trust over a CGT asset: CGT event E1  

104-55(1)  


CGT event E1 happens if you create a trust over a *CGT asset by declaration or settlement.
Note:

A change in the trustee of a trust does not constitute a change in the entity that is the trustee of the trust (see subsection 960-100(2) ). This means that CGT event E1 will not happen merely because of a change in the trustee.

104-55(2)  


The time of the event is when the trust over the asset is created.

104-55(3)  


You make a capital gain if the *capital proceeds from the creation are more than the asset ' s *cost base. You make a capital loss if those capital proceeds are less than the asset ' s *reduced cost base. Cost base rule

104-55(4)  


If you are the trustee of the trust and no beneficiary is absolutely entitled to the asset as against you (disregarding any legal disability), the first element of the asset ' s *cost base and *reduced cost base in your hands is its *market value when the trust is created. Exceptions

104-55(5)  


CGT event E1 does not happen if you are the sole beneficiary of the trust and:


(a) you are absolutely entitled to the asset as against the trustee (disregarding any legal disability); and


(b) the trust is not a unit trust.

104-55(6)  


A *capital gain or *capital loss you make is disregarded if you *acquired the asset before 20 September 1985.

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