Taxation Determination

TD 95/46W

Income tax: capital gains: if a non-resident person bequeaths an asset, which is not a taxable Australian asset, to a resident beneficiary, does that status (i.e., not a taxable Australian asset) carry through to the beneficiary on the death of the non-resident?

• Please note that the PDF version is the authorised version of this withdrawal notice.
  This Determination has been replaced by TD 2000/6
  This document has changed over time. View its history.

FOI status:

Notice of Withdrawal

Taxation Determination TD 95/46 is withdrawn with effect from today.

The Determination has been rewritten to update it with the rewritten income tax law in the 1997 Act.

The Determination has been replaced by Taxation Determination TD 2000/6, which issued today.

Commissioner of Taxation
19 January 2000

Previously issued as Draft TD 93/D291.

References

ATO references:
NO CGTDET97; NAT 95/6432-2

Related Rulings/Determinations:

TD 95/47

Subject References:
cost base
date of acquisition
date of death
deceased estates
taxable australian asset

Legislative References:
ITAA 160L(1)
ITAA 160T
ITAA 160X
ITAA 160X(5)(a)
ITAA 160X(5)(b)
ITAA 160X(6)