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fromatoz(Newbie)Newbie
11 Nov 2025

Hi,

I understand that "If you stop being an Australian resident, you are taken to have disposed of each of your assets that are not taxable Australian property for their market value at the time you stopped being a resident." (https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/taxable-australian-property)

Now my questions is more complex as the shares is held under trust with myself as individual Trustee. So when I become non resident my understanding that my Trust also become non resident and can also deem all the assets to be disposed when I become non resident. Now the questions is mainly about access to the 50% CGT discount. If on the same day of the deemed disposal my trust elected to distribution the full CGT to me as beneficiary of the trust. would I be eligible for the 50% CGT discount under my individual name ?All my reading and research on the ATO website talks about straight individual case with no case about deemed disposal for Discretionary trust with individual Trustee


I am referring to this ato case that only talks about individual case but nothing about trust.https://community.ato.gov.au/s/question/a0JRF0000024Vld/p00324257

379 views
1 replies
379 views
1 replies

All replies

DamienATO(Community Support)Community Support
12 Nov 2025

Hi @fromatoz,

 

When you become a non-resident, both you and your discretionary trust may be affected by deemed disposal rules.

 

The good news is that the 50% CGT discount may apply when you stop being an Australian resident. This is because the CGT calculation for the relevant CGT event is worked out 'just before' you stop being a resident - at which time you're still a resident and potentially entitled to the discount.

 

However, your specific scenario involving a trust distribution on the same day as deemed disposal raises complex questions about:

  • the timing of the distribution relative to the deemed disposal
  • whether the trust becomes non-resident simultaneously
  • how the CGT discount flows through to you as beneficiary.

Given the complexity of trust law and residency rules in your case, we'd recommend speaking with our tailored technical assistance team or request a private ruling to properly assess your particular circumstances.

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Capital Gain: Non resident individual Trust | ATO Community