Tax Laws Amendment (2009 Measures No. 2) Act 2009 (42 of 2009)
Schedule 2 CGT concessions for small business
Part 2 Other amendments
Income Tax Assessment Act 1997
30 Paragraphs 152-80(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) a *CGT asset:
(i) forms part of the estate of a deceased individual; or
(ii) was owned by joint tenants and one of them dies; and
(b) any of the following applies:
(i) the asset devolves to the individual's *legal personal representative;
(ii) the asset *passes to a beneficiary of the individual;
(iii) an interest in the asset is *acquired by the surviving joint tenant or tenants (as the case may be) as mentioned in section 128-50;
(iv) the asset devolves to a trustee of a trust established by the will of the individual; and