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This final Taxation Determination was issued on 7 October 2009. It was previously released in draft form as TD 2009/D3. Its full title is "Income tax: does a taker in default of trust capital have an 'interest in the trust capital' for the purposes of CGT event E8 in s 104-90 of the ITAA 1997?"

 The answer given is No, on the basis that, having regard to the provisions of ss 104-90, 104-95 and 104-100, only those interests which constitute a vested and indefeasible interest in a share of the trust capital fall within the scope of CGT event E8.

For a copy of TD 2009/19, go here


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