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 104-60   Transferring a CGT asset to a trust: CGT event E2  

104-60(1)  
CGT event E2 happens if you transfer a *CGT asset to an existing trust.

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 E2 will not happen merely because of a change in the trustee.

104-60(2)  
The time of the event is when the asset is transferred.

104-60(3)  


You make a capital gain if the *capital proceeds from the transfer 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.

104-60(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 asset is transferred. Exceptions

104-60(5)  


CGT event E2 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.

104-60(6)  
A *capital gain or *capital loss you make is disregarded if you *acquired the asset before 20 September 1985.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.