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AnitaH(Initiate)Initiate
23 Nov 2024

Hello ATO Community - hope you can help. I have looked at similar previous questions posed, but am now a confused when comparing the answers with the information on the ATO website. My father passed on 22 May 2024. As per his wishes, my mother sold his CBA shares (13 June 2024) to pay for the funeral costs.


My question is about how to calculate the CGT for my mother's tax return. Is the capital gain based on the share value at the time of his death compared with the value at the time of the sale of the shares, or, is the capital gain based on the duration of my father's ownership of the shares through to their sale?


Background: My father acquired the shares as part of the Colonial Mutual Life Insurance demutualisation in 1996 (with a calculated cost base of $3.31 per share, followed by the buy out by CBA & subsequent cost base became $9.457143 per share).


Sale: My father had 108 CBA shares, which my mother received for $13,405.92. Even though my father never purchased the shares per se, do I use the $9.457132 x 108 as the cost base to calculate the CGT? The shares sold as $125.3575 per share & the cost to sell the shares was $132.69.


So is the following calculation correct?

$13,405.92 -$1,021.37 = $12,384.55

then apply the 50% discount,

so the CGT amount is $6192.27


Or

Share value at the time of my father's death (so at the time my mother inherited them) $122.07 x 108 = $13,183.56

Share value at the time of the sale of the shares $125.3575 x 108 = $13,538.61

Difference = $355.05


Thank you!

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1,027 views
2 replies

Most helpful response

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
24 Nov 2024

is the capital gain based on the duration of my father's ownership of the shares through to their sale?


Yes


Even though my father never purchased the shares per se, do I use the $9.457132 x 108 as the cost base to calculate the CGT?


Yes


So is the following calculation correct?

$13,405.92 -$1,021.37 = $12,384.55

then apply the 50% discount,

so the CGT amount is $6192.27


Yes


All replies

AnitaH(Initiate)Initiate
23 Nov 2024

Thanks for reading my long winded question, but I think I have located the answer in this document called

Capital gains tax on sale of shares or units (the link is below).


I have bolded the answer below.


Disposing of inherited shares

When you sell shares or units you inherit, the normal rules for calculating CGT apply. Depending on the circumstances,

the cost base and acquisition date may be based on either:

• when the deceased acquired it

• when they died.

If the deceased acquired the asset:

• before 20 September 1985

– you are taken to have owned it since the deceased died

– your cost base is the market value of the asset on the day the deceased died, plus any other elements of their cost base

• on or after 20 September 1985

– you are taken to have owned it since the deceased acquired the asset

– your cost base is the deceased’s cost base for the asset on the day they died.


https://iorder.com.au/publication/Download.aspx?ProdID=75444-05.2024#:~:text=When%20you%20sell%20shares%20or,may%20be%20based%20on%20either%3A&text=when%20the%20deceased%20acquired%20it%20%E2%80%A2%20when%20they%20died.&text=%E2%80%93%20your%20cost%20base%20is%20the%20deceased's%20cost%20base%20for%20the,on%20the%20day%20they%20died.

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
24 Nov 2024

is the capital gain based on the duration of my father's ownership of the shares through to their sale?


Yes


Even though my father never purchased the shares per se, do I use the $9.457132 x 108 as the cost base to calculate the CGT?


Yes


So is the following calculation correct?

$13,405.92 -$1,021.37 = $12,384.55

then apply the 50% discount,

so the CGT amount is $6192.27


Yes


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CGT calculation on inherited shares: which dates to use? | ATO Community