# 90 Day rule for CGT for Off-market transfers



## awg (5 November 2007)

My question relates to the date one uses to calculate Capital Gain, when transferring shares held in my own name to my SMSF.

My broker and accountant have both mentioned to me that it is possible to use any date within 90 days prior to the actual transfer date as a basis to calculate the CGT.

I rang the ATO to confirm this...the operative I spoke conferred with her superiors, but advised me this is not correct, that I should use the actual date of disposal as the price point to calculate the CGT.

Does anyone else have knowledge of this situation?

I have previously heard that the 90 day period is useable, it certainly makes it easier to pre-calculate the CGT, as I do not wish to exceed $50,000, because I want to offset the $50k CGT by making the transfer a Deductible contribution to Super.

The other relevant point is that the SMSF fund is not yet established, until approx 1/12/07, so I dont know whether I could still use the 90 day period, going back prior to 1/12


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