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Estate Planning


When it comes to Capital Gains Tax (CGT) in Australia, the timing of a sale contract is crucial. The ATO considers the date you enter into the contract to sell an asset—not the settlement date—as the key point for CGT purposes. This means any capital gain or capital loss is counted in the income year the contract is signed.


When inheriting a home, most people are aware that if it is sold within two years of the deceased’s passing, no capital gains tax (CGT) is payable. There are also other circumstances where an inherited home can be sold without incurring CGT. However, when it comes to other inherited assets—such as cars, shares, vacant land, jewellery, or artwork—no such exemption applies if these assets are sold by the beneficiary or by the executor during the estate’s administration.


A recent decision by the Full Federal Court around a man’s tragic death by suicide clarified the standing of a de facto spouse in the context of a non- lapsing death benefit nomination on a life insurance policy made by the deceased person.

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