Section 128Income Tax Assessment Act 1997 (Cth)

‑1  What this Division is about

This Division sets out what happens when you die and a CGT asset you owned just before dying devolves to your legal personal representative or passes to a beneficiary in your estate.

It also contains rules about what happens when a joint tenant dies.

General rules

128‑10 Capital gain or loss when you die is disregarded

128‑15 Effect on the legal personal representative or beneficiary

128‑20 When does an asset pass to a beneficiary?

128‑25 The beneficiary is a trustee of a superannuation fund etc.

Special rules for joint tenants

128‑50 Joint tenants

Sourced from the Federal Register of Legislation at 25 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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