Advice under development: CGT consequences under Division 128 of the Income Tax Assessment Act 1997 when a beneficiary of a deceased estate dies before a CGT asset of the deceased estate passes to them.
Issue: Deceased estates: 'double death'
Category: Capital gains tax
Type of advice: Draft Taxation Determination
Status: Under development
Expected completion: Late 2026
Purpose: This draft Determination will clarify the Commissioner’s view on the application of the CGT rollover concession in Division 128 of the Income Tax Assessment Act 1997 when a beneficiary of a deceased estate dies before a CGT asset of the deceased estate passes to them.