TAX TIP #38: | BENEFICIAL ENTITLEMENT | CGT

Facts

Mum and Dad own a property where they live.

The property was transferred to their daughter in error, as part of a separate transaction.

When they realised the error, the daughter transferred the property back to Mum and Dad.

There was no consideration paid at the time of the transfer made in error or the transfer made to correct the error.

Mum and dad have made all mortgage payments and paid for all expenses relating to the property?

Question

Will the transfer of the from from the daughter back to Mum and Dad trigger a CGT event?

Answer

No.

Tax Tip

Under section 102-20 of the ITAA 1997, an entity will make a capital gain or a capital loss if a CGT event happens to a CGT asset.

A change in the legal ownership of an asset without a change in the beneficial ownership will not constitute a disposal for CGT purposes (see subsection 104-10(2) of the ITAA 1997).

The transfer of the daughter's interest in the property back to Mum and Dad to rectify the error made will not trigger a CGT event as there is no change in beneficial ownership. If you would like to receive up to date tax tips directly to your email, subscribe below.

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