All Topics / The Treasure Chest / Discretionary Trust & CGT Discount

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  • Profile photo of puissancepuissance
    Member
    @puissance
    Join Date: 2003
    Post Count: 72

    Does anyone know if this was passed in parliment?

    Discretionary trust which purchased asset after 23/9/2001 will not benefit from the discounting of CGT, ie 50% exemption in accordance with div 115 of the tax act?

    Profile photo of MelanieMelanie
    Member
    @melanie
    Join Date: 2003
    Post Count: 382

    Definitely yes for companies, including company trustees, not sure for trusts.

    Mel

    Profile photo of puissancepuissance
    Member
    @puissance
    Join Date: 2003
    Post Count: 72

    Melanie,

    what do you mean for company trustees? Should it not still fall under the trust anyway because company trustees are not the beneficial owners.

    I hate this tax stuff, not sure if they passed legistlation re this.

    Profile photo of kelly1100kelly1100
    Member
    @kelly1100
    Join Date: 2003
    Post Count: 55

    To the best of my knowledge a trust, either discretionary or unit, still has the advantage of the 50% discount on capital items held for more than 12 months. Companies get no CGT relief ie. companies pay tax on the whole capital gain at 30%

    Someone correct me if I am wrong because this is how accounting practices I have worked for are accounting for CGT in trusts!!!

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,763

    Hi,

    This can certainly be a complicated area – especially trusts.

    quote:


    Capital gains derived by a trust from a CGT event happening after 11:45amEST on 21 September 1999 may be reduced by 50%
    -2002 Master Tax Guide


    What this means is that so long as the beneficiary of the Trust is an individual or a complying superannuation fund then the discount may apply.

    As always, it is best to get the advice of your accountant for your specific circumstance.

    Regards,

    Steve McKnight

    **********
    Remember that success comes from doing things differently.
    **********

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

    Profile photo of puissancepuissance
    Member
    @puissance
    Join Date: 2003
    Post Count: 72

    Thanks for that Steve,

    How can I obtain a copy of the master tax guide 2003?

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,763

    Hi div43,

    Try bookstores… or your local accountant.

    Bye,

    Steve McKnight

    **********
    Remember that success comes from doing things differently.
    **********

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

Viewing 7 posts - 1 through 7 (of 7 total)

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