Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 128.1

What this Division is about

This Division sets out what happens when you die and a CGT asset you owned just before dying devolves to your legal personal representative or passes to a beneficiary in your estate.

It also contains rules about what happens when a joint tenant dies.

General rules

128 - 10   Capital gain or loss when you die is disregarded

128 - 15   Effect on the legal personal representative or beneficiary

128 - 20   When does an asset pass to a beneficiary?

128 - 25   The beneficiary is a trustee of a superannuation fund etc.

Special rules for joint tenants

128 - 50   Joint tenants


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