Disclaimer
You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private advice

Authorisation Number: 1052045323482

Date of advice: 28 October 2022

Ruling

Subject: CGT - pre-CGT assets

The Commissioner made a private ruling confirming that the CGT assets acquired by a company from a unit trust are pre-CGT assets of the company on the basis that they have previously met the requirements of section 149-10 of the Income Tax Assessment Act 1997 (ITAA 1997) and the roll-over under Subdivision 122-A of the ITAA 1997 is chosen by the trustee of the unit trust in respect of the disposal of those assets.