Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 106.50

  (1)   For the purposes of this Part and Part   3 - 3 (about capital gains and losses) and Subdivision   328 - C (What is a small business entity), from just after the time you become absolutely entitled to a * CGT asset as against the trustee of a trust (disregarding any legal disability), the asset is treated as being your asset (instead of being an asset of the trust).

  (2)   This Part, Part   3 - 3 and Subdivision   328 - C apply, from just after the time you become absolutely entitled to a * CGT asset as against the trustee of a trust (disregarding any legal disability), to an act done in relation to the asset by the trustee as if the act had been done by you (instead of by the trustee).

Example:   An individual becomes absolutely entitled to a CGT asset of a trust. The trustee later sells the asset. Any capital gain or loss from the sale is made by the individual, not the trustee.

Table of sections

106 - 60   Securities, charges and encumbrances