With apparently one in three marriages ending in divorce in Australia, the CGT rollover provisions for the transfer of assets following a divorce or relationship breakdown (including a same-sex marriage or relationship) are quite significant.

The great “Sandini”
The recent case of Ellison v Sandini Pty Ltd [2018] FCAFC confirmed that the rollover is not available when an asset is transferred to a trust or company controlled by a spouse or former spouse, as opposed to it being transferred to the spouse themselves. (For a moment there, following the Federal Court’s decision at the first instance in Sandini Pty Ltd v FCT [2017] FCA 287, it seemed that this may be possible – at least in the same circumstances where the former spouse gave “directions” that the assets be transferred to another entity. Readmore