PART III
-
LIABILITY TO TAXATION
Division 6
-
Trust income
History
Div 6 heading substituted by No 12 of 1979.
SECTION 97A
BENEFICIARIES WHO ARE OWNERS OF FARM MANAGEMENT DEPOSITS
97A(1)
Where a beneficiary who is under a legal disability:
(a)
is presently entitled to a share of the income of a trust estate derived during a year of income of the beneficiary; and
(b)
is the owner of a farm management deposit made during the year of income;
(c)
(Repealed by of 79 of 2010)
this Division applies in relation to the beneficiary in relation to the year of income as if the beneficiary were not under any legal disability.
History
S 97A(1) amended by
No 79 of 2010
, s 3 and Sch 4 items 14 to 16, by inserting
"
and
"
at the end of para (a), omitting
"
and
"
from the end of para (b) and repealing para (c), applicable to assessments for: (a) the 2010-11 income year; and (b) later income years. Para (c) formerly read:
(c)
is a primary producer when the deposit is made;
S 97A(1) amended by
No 101 of 2006
, s 3 and Sch 2 items 268 to 269, by omitting
"
the owner of a current IED scheme deposit or
"
after
"
is
"
in para (b), and substituting
"
a primary producer
"
for
"
an eligible primary producer or a primary producer, as the case requires,
"
in para (c), effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 97A(1) amended by No 85 of 1998 and No 108 of 1981.
97A(1A)
Where a beneficiary who is deemed by subsection
95A(2)
to be presently entitled to any income of a trust estate derived during a year of income of the beneficiary:
(a)
is not under a legal disability; and
(b)
is the owner of a farm management deposit made during the year of income;
(c)
(Repealed by
No 79 of 2010
)
the beneficiary is, for the purposes of the application of this Division in relation to that beneficiary in relation to that year of income, a beneficiary to whom this subsection applies.
History
S 97A(1A) amended by
No 79 of 2010
, s 3 and Sch 4 items 17 to 19, by inserting
"
and
"
at the end of para (a), omitting
"
and
"
from the end of para (b) and repealing para (c), applicable to assessments for: (a) the 2010-11 income year; and (b) later income years. Para (c) formerly read:
(c)
is a primary producer when the deposit is made because the trustee of the trust estate is carrying on in Australia a primary production business;
S 97A(1A) amended by
No 101 of 2006
, s 3 and Sch 2 items 270 to 272, by omitting
"
the owner of a current IED scheme deposit or
"
after
"
is
"
in para (b), and substituting
"
a primary producer
"
for
"
an eligible primary producer or a primary producer, as the case requires,
"
and
"
primary production business
"
for
"
business of primary production
"
in para (c), effective 14 September 2006. For application and savings provisions see the
CCH Australian Income Tax Legislation archive
.
S 97A(1A) amended by No 85 of 1998; No 108 of 1981 and inserted by No 19 of 1980.
97A(2)
(Repealed by
No 79 of 2010
)
History
S 97A(2) repealed by
No 79 of 2010
, s 3 and Sch 4 item 20, applicable to assessments for: (a) the 2010-11 income year; and (b) later income years. S 97A(2) formerly read:
97A(2)
In this section:
primary producer
or
owner of a farm management deposit
have the same meanings as in Schedule
2G
.
S 97A(2) substituted by No 85 of 1998.
History
Archived:
S 97A(2) definition of
"
eligible primary producer
"
and
"
owner of a current IED scheme deposit
"
repealed as inoperative by
No 101 of 2006
, s 3 and Sch 1 items 100 and 101, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
.
Note:
This section applies to certain beneficiaries as if they were individuals who are carrying on a primary production business: see subsections
393-25(3)
,
(4)
,
(5)
and
(6)
of the
Income Tax Assessment Act 1997
.
History
S 97A amended by No 62 of 2011, s 3 and Sch 1 item 4, by substituting
"
subsections 393-25(3), (4), (5) and (6)
"
for
"
subsection 393-25(3)
"
in the note at the end, applicable to: (a) assessments for the trustee of a trust for an income year that is the 2010-11 income year or a later income year; or (b) assessments for a beneficiary of a trust that relate to the 2010-11 income year or a later income year of the trust.
S 97A amended by
No 79 of 2010
, s 3 and Sch 4 item 21, by inserting the note at the end, applicable to assessments for: (a) the 2010-11 income year; and (b) later income years.
S 97A substituted by No 56 of 1989 and inserted by No 205 of 1976.