ATO Interpretative Decision
ATO ID 2001/603
Income Tax
Capital Gains Tax: Deceased estates - NRMA shares received on demutualisation as beneficiary of a deceased estateFOI status: may be released
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This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Can a taxpayer who receives NRMA shares as beneficiary of a deceased estate disregard any capital gain or capital loss under section 121AS of the Income Tax Assessment Act 1936 (ITAA 1936) when their membership rights in NRMA are cancelled?
Decision
Yes, a taxpayer who receives NRMA shares as beneficiary of a deceased estate can disregard any capital gain or capital loss under section 121AS of the ITAA 1936 when their membership rights in NRMA are cancelled.
Facts
The taxpayer is a beneficiary of the deceased estate of a member of NRMA.
The deceased died after 25 February 1999 (the announcement date) but before the demutualisation of NRMA in June 2000.
The taxpayer, as beneficiary, was a member of NRMA upon demutualisation
As a result, the taxpayer was allocated shares in NRMA that the deceased would have been entitled to upon demutualisation.
Reasons for Decision
If a member of NRMA died after 25 February 1999, their legal personal representative (or a beneficiary appointed by them) was entitled to the shares that would have been allocated to the deceased. However, the legal personal representative (or a beneficiary appointed by them) who was allocated the shares must have agreed to become a member of NRMA at the time of demutualisation.
Membership rights to the NRMA shares were cancelled when demutualisation occurred. This happened in June 2000.
Item 1 in the table in section 121AS of the ITAA 1936 provides that upon the cancellation of membership rights in an Australian insurance company, a capital gain or capital loss is disregarded. At the time of the demutualisation, the taxpayer held membership rights in NRMA, and, as beneficiary of the deceased's estate, they were allocated shares that would have been allocated to the deceased. Therefore, the taxpayer can disregard any capital gain or capital loss that arose on the cancellation of the membership rights in NRMA.
Date of decision: 26 September 2001Year of income: Year Ended 30 June 2001.
Legislative References:
Income Tax Assessment Act 1936
section 121AS
Keywords
Capital gains tax
Deceased estate
Demutualisation
Rights to shares
Disposal of shares
ISSN: 1445-2782
| Date: | Version: | |
| You are here | 26 September 2001 | Original statement |
| 23 April 2010 | Archived |