Private ruling: Trust resettlement
Date of advice: 26 March 2021
Published: May 2021
Ruling period: Year ending 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Will the proposed amendments to the Trust Deed cause CGT event E1 or E2 in section 104-55 or section 104-60 of the Income Tax Assessment Act 1997 to happen? | A1: No. The proposed amendments to the Trust Deed will not cause the Trust to terminate or give rise to a particular asset of the Trust being settled on terms of a different trust. The proposed amendments are considered within the powers of the Trustee as contained in the Trust Deed and therefore, will not cause CGT event E1 or E2 in section 104-55 or section 104-60 of the Income Tax Assessment Act 1997 to happen.

Relevant facts and circumstances: The Trust was settled, and a trustee was appointed. The proposed Deed of Variation will be made in accordance with clauses of the Trust Deed. The proposed changes are a valid exercise of power by the Trustee and included within the Trust deed. The changes do not cause the existing trust to terminate. The Trustee and the Trust property remain the same.

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 104-55 | Income Tax Assessment Act 1997 Section 104-60