INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-32 - CO-OPERATIVES AND MUTUAL ENTITIES  

Division 315 - Demutualisation of private health insurers  

Subdivision 315-C - Lost policy holders trust  

SECTION 315-150   Roll-over where assets transferred to lost policy holder  

315-150(1)  
This section applies in relation to a *CGT event if:


(a) the CGT event happens in relation to an asset held by the trustee of a lost policy holders trust on behalf of a lost policy holder; and


(b) the CGT event happens because the lost policy holder (or, if the lost policy holder has died, the *legal personal representative of the lost policy holder or a beneficiary in the estate of the lost policy holder) either:


(i) is transferred the asset by the trustee; or

(ii) becomes absolutely entitled to the asset.
Note:

The asset may be a demutualisation asset, or some other asset.

Consequence for trustee

315-150(2)  
Disregard a *capital gain or *capital loss the trustee makes from the *CGT event. Consequence for lost policy holder

315-150(3)  
The *cost base of the asset in the hands of the trustee of the lost policy holders trust just before the *CGT event becomes the first element of the cost base and *reduced cost base of the asset in the hands of the lost policy holder, *legal personal representative or beneficiary.

315-150(4)  
The lost policy holder, *legal personal representative or beneficiary is taken to have *acquired the asset when the trustee of the lost policy holders trust acquired it.


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