I want to transfer my long term investment stock from personal account to my SMSF account( which is jointly held with my partner). The only way is to sell it from my personal account and buy the same in SMSF account. I still realize capital gain in this selling but the stock price is not in its historical high level. Would this operation be considered as wash sales act?
Best to see a tax law professional or ask for ATO's private ruling
I think your proposed action is similar to what the taxpayer did in this case:
Merchant v Commissioner of Taxation [2025] FCAFC 56
Though I think the case is still ongoing because of appeal - so the outcome not set in stone yet
It's not a wash sale if you realise a capital gain.
A wash sale "is done to create a loss to offset against a gain already derived, or expected to be derived,.."
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