Contribution Acceptance Resolution - CGT

Contribution Acceptance Resolution - CGT

Product type:    Standard template | no legal review or advice

Price:  $88.00

If a member makes contributions from the disposal proceeds of small business CGT active assets (whether the asset was owned by the member or whether the assets were owned by an entity in relation to which the member was a CGT Concession stakeholder), the member may be entitled to exclude the contribution from assessment against the non-concessional contributions cap and instead have the contribution assessed against the member’s CGT lifetime cap as CGT contributions.

For the contribution to qualify as a CGT contribution, the contribution must be made by the member: the contribution cannot be made on behalf of the member by another entity.  

This resolution is not suitable for any other type of contribution, including concessional or non-concessional contributions, downsizer contribution, contributions made from personal injury settlements, or for rollovers or transfers.  

For superannuation funds governed by non-SUPERCentral or non-Townsends Business & Corporate Lawyers governing rules, please review the applicable trust deed and governing rules to determine if the template is suitable for the Superannuation Fund

Documents include:

  • Checklist  - conditions and time limits apply
  • Background notes
  • Written resolution
  • Acknowledgement and confirmation of receipt of CGT contribution

The member must also provide the trustee with a signed and completed ATO NAT 71161 Capital Gains Tax Cap Election at or before the time the contribution is made.     To download a copy of ATO NAT 71161 see the Contributions section of the SMSF tool kit listing.

© This document set provides a single use licence - please submit a new set of instructions for an additional CGT contribution.

If uncertain as to the use of this template or specifically tailored documentation is required.   Please make an enquiry, and our associatesTownsends Lawyers, will be pleased to assist.

For assistance please call the SUPERCentral Help Desk on 02 8296 6266 or make an enquiry.