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ARTICLE · 17 MAY 2017

CGT relief, 2016 Budget changes and SMSFs – Do I need to commute back to accumulation phase to access relief?

Cooper Grace Ward
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The Budget changes include CGT relief that allows SMSFs to reset cost bases of assets to market value before 1 July 2017.

AustraliaFinance and Banking

The 2016 Budget changes include CGT relief that allows SMSFs to reset cost bases of assets to market value before 1 July 2017.

The ATO in LCG 2016/8 say that to access the CGT relief, there must be an amount commuted to accumulation phase from pension phase to comply with the transfer balance cap rules. This requirement is not in the operative provisions of the legislation, and the ATO is taking the view that the objects clause in the legislation imposes an extra condition to claim the CGT relief.

Based on the wording of the legislation, there are arguments that SMSFs with pension balances under $1.6m could use the CGT relief to reset cost bases of assets supporting those pensions (even if no amounts are commuted from existing pensions).

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