EV 1052117471373currentnon-binding advice

Capital gains tax

Non-binding edited private advice. This is an edited version of private advice the ATO gave to a specific taxpayer about their own circumstances. You cannot rely on it — it is not binding and provides no protection for anyone else (see PS LA 2008/4). Use it as a guide to the ATO’s thinking, not as authority.

1

Are the executors for the estate liable for capital gains tax on the disposal of the properties?

2

No. Having considered the circumstance and relevant facts, the properties remain as pre-CGT assets as there have been no major capital improvements made to the properties since the introduction of CGT that results in them being treated as separate assets to the properties. For further information on property improvements and additions visit ato.gov.au and search for 'QC 66043'. This ruling applies for the following period : Year ending XX XX 20XX. The scheme commenced on: XX XX 20XX

3

The deceased passed away on XX XX 20XX. Probate of the will was granted on XX XX 20XX appointing two executors. The deceased purchased the properties with the land pre-CGT. The properties were made up of two retail shops which were leased to commercial retail clients. The properties were not inherited prior to being sold. The properties continued to be rented to the existing tenants prior to the deceased's death until they were sold. The properties required one major repair to the rooftops by the trustees in order to proceed with the sale. On XX XX 20XX, the properties settled. No major capital improvements had been made to the properties which costed more than 5% of the amount received when the assets were disposed and which costed more than the improvement threshold for the income year in which the assets were disposed of.

4

Income Tax Assessment Act 1997 Section 149 - 10 Income Tax Assessment Act 1997 Subsection 152 - 80(3)