Private ruling: CGT - deceased estates
Date of advice: 13 November 2024
Published: 13 January 2025
Ruling period: Year ending 30 June 20XX | Year ending 30 June 20XX | Year ending 30 June 20XX
Date scheme commenced: XX July 20XX

Ruling: Q1: Will the capital gain made on the disposal of the property be disregarded? | A1: Yes. Under section 128-15 of the Income Tax Assessment Act 1997 , you are taken to have acquired the property on the date of the deceased's death. You owned an interest in the property as the remainder beneficiary in the deceased's will. As the deceased died before 20 September 1985, the property remains a pre - CGT asset and is exempt from capital gains tax.

Relevant facts and circumstances: Your relative acquired a commercial property prior to 20 September 1985. Your relative passed away prior to 20 September 1985. Their will provided that the property be held on trust to provide for their spouse during their lifetime, and upon their death, the property would pass to you. Many years after 20 September 1985, their spouse passed away, and the property passed to you, as per the will. There have been no major improvements made to the property since it was acquired by your relative. You will sell the property during the period of this ruling.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 128-15 | Income Tax Assessment Act 1997 section 128-20