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Capital gains tax: How changes to exemptions on compensation or damages could benefit taxpayers

The capital gains tax laws are voluminous and complicated. But they also contain benefits for taxpayers. Legislation introduced in Federal Parliament last week โ€“ the Tax and Superannuation Laws Amendment (2014 Measures No 7) Bill 2014 โ€“ will amend the tax law to ensure that CGT exemption is available in respect of compensation or damages […]
Terry Hayes
Terry Hayes
Capital gains tax: How changes to exemptions on compensation or damages could benefit taxpayers

The capital gains tax laws are voluminous and complicated. But they also contain benefits for taxpayers.

Legislation introduced in Federal Parliament last week โ€“ the Tax and Superannuation Laws Amendment (2014 Measures No 7) Bill 2014 โ€“ will amend the tax law to ensure that CGT exemption is available in respect of compensation or damages received by:

  • a trustee (other than a trustee of a complying super fund) for a wrong or injury a beneficiary suffers in their occupation, or a wrong, injury or illness a beneficiary or their relative suffers personally – and a beneficiary that subsequently receives a distribution that is attributable to such compensation or damages from the trustee;
  • a taxpayer for a policy of insurance on the life of an individual or an annuity instrument if the taxpayer is the original owner of the policy or instrument; and
  • a trustee of a complying super fund for a policy of insurance for an individual’s...

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