A legislation was brought forward as an update to the 2011/2012 Federal Budget, confirming that, for Capital Gains Tax (CGT) purposes, the ATO would treat the Trustee of a Testamentary Trust similarly to that of the executor of a deceased estate. A Practice Statement (LA 203/12) was released by the ATO, setting out the administrative treatment that is pending legislation to be introduced.
The result of LA 203/12 is that, when the Trustee of a Testamentary Trust transfers an asset from part of a deceased estate, to an ultimate beneficiary, the arising capital gains or loss would be disregarded (it is however, subjected to the CGT event K3, applicable to cases where assets are passed to certain beneficiaries such as non-residents, or tax exempt entities)
At the moment, returns will be accepted as lodged by the ATO until the Parliament passes the proposed changes.