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On 23 December 2008, the former Minister for Superannuation and Corporate Law announced that, with effect from 24 December 2008, the government will provide an optional CGT roll-over for capital losses arising from CGT events happening under a complying superannuation fund's merger with an Australian Prudential Regulation Authority (APRA) regulated superannuation fund with at least five members before 1 July 2010. Legislation for this measure was introduced on 25 November 2009 and is contained in Tax Laws Amendment (2009 Measures No 6) Bill 2009.

The ATO has now advised of the administrative treatment that will apply pending passage of the legislation.

For a copy of the ATO advice, go here


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