Income Tax Assessment Act 1997



Division 104 - CGT events  

Subdivision 104-E - Trusts  

SECTION 104-72   Reducing your capital gain under CGT event E4 if you are a trustee  

A *capital gain you make under subsection 104-70(4) is reduced if:

(a) you are the trustee of another trust that is a *fixed trust and is not a *complying superannuation entity; and

(b) you are taken to have a *capital gain under paragraph 115-215(3)(b) or (c) (your notional gain ) in respect of a corresponding trust gain (the trust gain ); and

(c) some or all (the attributable amount ) of the total of the non-assessable parts referred to in subsection 104-70(4) is attributable to proceeds from the trust gain.

The *capital gain is reduced (but not below 0) by the lesser of:

(a) your notional gain; and

(b) the attributable amount.


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.