Trusts avoiding CGT alert

20 Dec Trusts avoiding CGT alert

An alert has been issued over arrangements where trustees of unit trusts disposes CGT assets to an arm’s length purchaser with no CGT consequences by exploiting restructure rollovers. Whilst there may be many variations of such arrangements, the overall effect is that rather than selling the relevant asset and incurring a large capital gain on which tax needs to be paid, the transferring trust is able avoid tax. The ATO notes it is actively reviewing such arrangements and that the anti-avoidance provisions may apply.