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Trusts resettlements: Changes trusts leading to the creation of a new trust estate

Published on 26 Aug 99 by QUEENSLAND DIVISION, THE TAX INSTITUTE

Old settlements that end will be discussed by the Commissioner. He says the trust estate loses its carry forward losses. Second, if a new settlement arises then the Commissioner says CGT event E1 applies. Section 104-55 of the 1997 Act relevantly provides:(1) CGT event E1 happens if you create a trust over a *CGT asset by declaration or settlement. (2) The time of the event is when the trust over the asset is created. (3) You make a capital gain if the *capital proceeds from the creation are more than the asset's *cost base. You make a capital loss if those *capital proceeds are less than the asset's *reduced cost base.

Author profiles:

F. Lister HARRISON QC
Current at 09 June 2009 Click here to expand/collapse more articles by F. Lister HARRISON QC.
 
Mark L ROBERTSON
Mark is a Barrister at Sir Harry Gibbs Chambers, Ground Floor, Wentworth Chambers. Mark is in his 12th year at the Bar, practising in Brisbane and Sydney. He acts for and against State and Commonwealth revenue authorities, and has been involved in many recent Trust cases. Mark is a regular presenter for the Taxation Institute and is a member of a number of taxation committees including the Taxation Institute’s State Council and Education Committee and has published a number of articles.
Current at 12 March 2008 Current at 03 April 2008 Click here to expand/collapse more articles by Mark L ROBERTSON.

 

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