Income Tax Assessment Act 1997



Division 316 - Demutualisation of friendly society health or life insurers  

Subdivision 316-E - Special CGT rules for legal personal representatives and beneficiaries  

SECTION 316-205   Interest in lost policy holders trust not owned by deceased but passing to beneficiary in deceased estate  

This section sets out what happens if a *CGT asset:

(a) is an interest in a lost policy holders trust (see section 316-155 ); and

(b) forms part of the estate of an individual who is an entity described in subsection 316-115(1) and has died; and

(c) was not owned by the individual just before dying; and

(d) *passes to a beneficiary in the individual ' s estate because the asset is transferred to the beneficiary by the individual ' s *legal personal representative.


Division 128 deals with the effect of death in relation to CGT assets a person owns just before dying.

Consequence for legal personal representative

Disregard a *capital gain or *capital loss the *legal personal representative makes because the asset *passes to the beneficiary.


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