Income Tax Assessment Act 1997
A roll-over may be available for a restructuring (a trust restructure ) if:
(a) a trust, or 2 or more trusts, (the transferor ) *dispose of all of their *CGT assets to a company limited by *shares (the transferee ); and
(b) *CGT event E4 is capable of applying to all of the units and interests in the transferor; and
(c) the requirements in section 124-860 are met.
A roll-over is not available for a restructure undertaken by a discretionary trust.124-855(2)
For 2 or more transferors, units and interests in each transferor must be owned in the same proportions by the same beneficiaries.
Matthew and Jaclyn each own 50% of the units in the Spring Unit Trust and the Dale Unit trust. All of the assets of both trusts are disposed of to Jonathon Pty Ltd. A roll-over for a trust restructure is available if the other requirements of this Subdivision are met.