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_FTAS25(Newbie)Newbie
9 Feb 2021

Hello,

I was just wondering what the tax implications of this situation would be. I had interest in purchasing shares in a company a few months ago, but at the time I did not have an online trading account. As to avoid purchasing them at a higher price, my stepfather who did have an account then purchased them on his account for $5,000. We agreed that he would transfer them to me once I had set up my own trading account for the price at which he purchased them. The shares have now appreciated to a value of $35,000 and I now have my own account. If my stepfather were to transfer the shares to me now, would the capital gains be added to his income, or because we had an agreement to dispose of the shares from the date at which he purchased them, would the capital gains be added onto my income upon selling them? Apologies if I have not been clear.

Thank you.

1,618 views
1 replies
1,618 views
1 replies

Most helpful response

Most helpful reply

BlakeATO(Community Support)Community Support
10 Feb 2021

Hi @FTAS25,

The only way this would be exempt from CGT would be where you were the legal owner of the shares from the time of acquisition.

If there was no formal arrangement showing you as the legal owner, then this event would fall under a Disposal (A) CGT event.

This means that your step-father is taken to have received the market value at the time of contract for transfer, and your first element of your cost base will use the market value substitution rule, taking the market value instead of the purchase price.

This means he will need to work out his net capital gain to complete on his tax return.

You can read about types of CGT events, market value substitution rule, and elements of the cost base on our website.

All replies

Most helpful reply

BlakeATO(Community Support)Community Support
10 Feb 2021

Hi @FTAS25,

The only way this would be exempt from CGT would be where you were the legal owner of the shares from the time of acquisition.

If there was no formal arrangement showing you as the legal owner, then this event would fall under a Disposal (A) CGT event.

This means that your step-father is taken to have received the market value at the time of contract for transfer, and your first element of your cost base will use the market value substitution rule, taking the market value instead of the purchase price.

This means he will need to work out his net capital gain to complete on his tax return.

You can read about types of CGT events, market value substitution rule, and elements of the cost base on our website.

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