Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 128.10

    When you die, a * capital gain or * capital loss from a * CGT event that results for a * CGT asset you owned just before dying is disregarded.

Note 1:   Section   104 - 215 sets out an exception to this rule if the CGT asset passes to a beneficiary in your estate who is:

•   an exempt entity; or

•   the trustee of a complying superannuation entity; or

•   a foreign resident.

Note 2:   There is a special indexation rule for deceased estates: see section   114 - 10.