Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 128.25

The beneficiary is a trustee of a superannuation fund etc.

             (1)  This section has rules about * cost base and * reduced cost base that are relevant if you die and a * CGT asset you owned just before dying * passes to a beneficiary in your estate who (when the asset passes) is the trustee of a * complying superannuation entity.

Note:          A capital gain or loss is also made: see section 104- 215.

             (2)  The beneficiary is taken to have * acquired the asset on the day you died. The first element of the * cost base and * reduced cost base of the asset is its * market value on that day.

             (3)  The beneficiary can include in the * cost base or * reduced cost base of the asset any expenditure that your * legal personal representative would have been able to include at the time the asset * passes to the beneficiary. The beneficiary can include the expenditure on the day the representative incurred it.

Special rules for joint tenants



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