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.
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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
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