Taxation Determination

TD 95/46W

Income tax: capital gains: if a non-resident person bequeaths an asset, which is not a taxable Australian asset, to a resident beneficiary, does that status (i.e., not a taxable Australian asset) carry through to the beneficiary on the death of the non-resident?

FOI status:

may be releasedFOI number: I 1014545

Notice of Withdrawal

Taxation Determination TD 95/46 is withdrawn with effect from today.

The Determination has been rewritten to update it with the rewritten income tax law in the 1997 Act.

The Determination has been replaced by Taxation Determination TD 2000/6, which issued today.

Commissioner of Taxation
19 January 2000

Previously issued as Draft TD 93/D291.


ATO references:
NO CGTDET97; NAT 95/6432-2

ISSN 1038 - 8982

Related Rulings/Determinations:

TD 95/47

Subject References:
cost base
date of acquisition
date of death
deceased estates
taxable australian asset

Legislative References:
ITAA 160L(1)
ITAA 160X(5)(a)
ITAA 160X(5)(b)
ITAA 160X(6)

TD 95/46W history
  Date: Version: Change:
  30 August 1995 Original ruling  
You are here 19 January 2000 Withdrawn