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gigi174543(Newbie)Newbie
2 June 2023

Hi,


If A person is both sole shareholder for company B and company C.


Company B is the trustee company for unit trust D and the beneficiary is person A.


If company B transferred all units to company C and keeping person A as the beneficiary,

is there any CGT exemption in this case?


Thank you.



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Bruce4Tax(Taxicorn)Taxicorn
3 June 2023

If company B transferred all units to company C


  1. If A is the beneficiary, that means that A must own all the units
  2. B cannot own any of the units, so cannot transfer any units to C
  3. There is no CGT disposal because A still owns all the units

Sounds more like you want to change the trustee from B to C.


If so, then you need to look at the trust deed provisions for change of trustee.


Usually there are a few options, but best to execute a deed for change of trustee.


Be careful not to do anything that causes a resettlement (stamp duty) or refreshes the CGT status of the trust.


You should get professional help.



gigi174543(Newbie)Newbie
5 June 2023

I'm sorry to providing the wrong information.

If A owns company B and Company C.

Company B holds the units in trust D.

If Company B transferred all the units to company C.

Is there any CGT rollover provision in this case?

Thank you.

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